Game Act 1892 (WA)

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ANNO QUINQUAGESIMO QUINT()

VICTORIA] REGINA..

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No. XXXVI.

AN ACT to provide for the Preservation of Imported Birds and Animals, and of Native Game.

[Assented to, isth March, t892.]

HEREAS it i expedient for the benefit of the Colony that Preamble.

wencouragement should be given to persons to import any

Bird or Animal not previously existing therein, and that Protection should be given to such Birds or Animals and their progeny, as also that Native Game should have Protection: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and Legislative Assembly, in fins present Parliament assembled, and by fhe authority of the same, as follows:—

1. THIS Act may be cited for all purposes as " The Game Act, Short Title

1892."

2.    FOR the purposes of this Act, the following terms In Interpretation.

inverted commas shall, unless the context otherwise indicate, bear

the meanings set against them respectively:-

" Gazette "—The Government Gazette of Western Australia ;

55" VICTORLE, No. 36.

Game Act, 1892.

" Governor "—The Officer for the time being administering

the Government of the Colony of Western Australia,

acting with the advice of the Executive Council;

"Native Game "—The birds and animals for the time being included in the First Schedule to this Act under the provisions of this Act ;

" Close Season "—The period during which, by any Procla- mation issued under the authority of this Act, it may be declared unlawful to kill, destroy, take, or disturb any particular native game named in any such Procla- mation.

3.     THE Acts 38 Vic., No. 4, the 40 Vic., No. 7, and the 42

Repeal of	previous Vic., No. 23, are hereby repealed.
Acts.

4.      THE Governor may from time to time, by Proclamation to

Power to Governor

to proclaim la) Close	be published in the Gazette, declare
season for native

game ; (b) Reserves ;	(a.) The close season for any particular native game, either generally throughout the Colony or in any one or more portions thereof, to be defined in any such Proclamation :
(a) What game to be
strictly preserved.
(b.) Any one or more portions of the Colony or any one or more localities to be respectively defined in any such Proclamation a reserve for native game or any particular native game:
(c.) That any bird or animal indigenous to Western Aus- tralia shall be at all times strictly preserved, either generally throughout the Colony or in any one or more portions thereof.

5.

IF any person not being the owner thereof, or without the take, or disturb, or attempt to kill, destroy, take, or disturb, or shall use any instrument whatever, or other means, for the purpose of killing, destroying, taking, or disturbing any imported bird or animal, and mentioned in the Second Schedule to this Act subject to the provisions of Section 14, such person shall, upon conviction, forfeit and pay any sum not exceeding Twenty pounds, in addition to the sum of Ten shillings for every bird or animal so destroyed or taken, and the Justice or Justices by whom such conviction shall be made may order that any instrument used as aforesaid shall be destroyed or forfeited.

Penalty for destroy-	permission of the owner, shall at any time wilfully kill, destroy,
animal.

ing imported bird or

6.      IF any person not licensed under the provisions of section

ing native game out Penalty for destroy- seven of this Act shall wilfully kill, destroy, take, or disturb, or

55" VICTORIIE, No. 36.

Game Act, 1892.

attempt to kill, destroy, take or disturb, or shall use any instrument	of season, any game
whatever or any other means, for the purpose of killing, destroying,	on a reserve, or
taking, or disturbing	strictly preserved.

(a.) Any native game during the close season for such game

in any place where such close season applies ; or

(b.) At any time of the year any bird or animal whatever on

any Reserve proclaimed under this Act ; or

(c.) At any time of the year any bird or animal indigenous to Western Australia, in any portion of the Colony or locality included in any Proclamation, declaring such bird or animal to be strictly preserved,

such person shall, upon conviction, forfeit and pay any sum not exceeding the sum of Five pounds, in addition to the sum of Ten shillings for each bird or animal so destroyed or taken, and the Justice or Justices by whom such conviction shall be made may order that any instrument used as aforesaid shall be destroyed or forfeited.

7.

THE Colonial Secretary may from time to time grant and revoke, as he may think fit, licenses to shoot or destroy any birds or	Colonial Secretary
may grant licenses to
animals to be mentioned in such license upon any reserve declared	shoot on Reserves.
under this Act, and also to destroy the eggs of any such bird.

IF any person, not being the owner or without the permission of the owner, shall wilfully take out of the nest or destroy in the	Penalty on taking or
destroying eggs.
nest the eggs of any imported bird, or if any person shall wilfully take out of the nest or destroy in the nest the eggs of any bird of native game for which a close season has been proclaimed, or shall knowingly have or permit or suffer to be in his house or possession any eggs of any such birds so taken after the passing of this Act, every such person shall on conviction forfeit and pay a penalty not exceeding the sum of Ten shillings for each egg so destroyed or found in his house or possession.

8.

9.

IT shall be lawful for any Justice of the Peace, on the con- viction of any person under this Act, to order the forfeiture of any	Game, Le., to be
forfeited.
imported bird or animal or native game, and also any eggs, whether of imported or native game birds, found in the possession of or taken from any offender.

10.

IF any person shall be found offending against the pro- visions of this Act, and shall not give his name and address, and shall	Persons offending
against this Act to

nameL and

not deliver up any imported bird or animal or native game, or any	address
iNivilsgamae; other-

instrument or means used to kill, destroy, take, or disturb such bird he

or animal or such game, to any person who may demand the same nog/TYelided.

55" YICTORIIE, No. 36.

Game Act, 1892.

respectively, it shall be lawful for such last-mentioned person, with any assistance he may require, or for any police constable, to take and detain such first-mentioned person in custody until he can be brought before a Justice of the Peace, to be dealt with according to law. And any person who shall assault or resist any such person so demanding such bird, animal, or game, or instrument or means as aforesaid, shall on conviction forfeit and pay a penalty not exceed- ing Ten pounds, besides any other penalty he may have incurred under this Act, and shall forfeit such bird, animal, game, instrument,

Or thing.

11.     NOTHING in this Act shall apply to any bird or animal

Act not to apply to kept in confinement or in a domesticated state, provided such birds

birds or animals kept

in confinemen confinement or or animals shall not have been caught or taken contrary to the pro- visions of tins Act.

12.      ANY instrument, bird, animal, game, eggs, or other thing

Forfeitures to be sold. forfeited under this Act may be ordered by the convicting Justice

or Justices to be sold, and the proceeds of any such sale shall be

appropriated in like manner as any penalty under this Act.

13.

ALL offences against this Act shall be summarily punish- Petty Sessions, and any person who shall feel himself aggrieved by the order or conviction made by any Justice or Justices may appeal to the Supreme Court.

ton with appeal. Summary jurisdic- able, on conviction before one or more Justices of the Peace, in

14.     IT shall be lawful for the Governor, from time to time by

Power to revoke,

cancel, or alter	notice published in the Gazette, to revoke, cancel, or alter any
proclamation.	proclamation at any time made and published under the authority of this Act, and by like notice to add to or remove from the Schedules to this Act, respectively, any bird or animal.

15.

SECTIONS A, C, F, G, and II of " The Shortening Ordin- ance, 1853," shall be incorporated with and taken to form part of this Act, to all intents and purposes, and in as full and ample a manner as if the said Sections had been introduced and fully set forth in this Act.

Shortening Ordin-

ance.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

55° VICTORLE, No. 36.

Game Act, 1892.

SCHEDULES.

The First Schedule.

Wild Ducks of any species (including the Musk Duck or " Steamer ").

Teal

Emu

Black Swan

Wild Geese

Bustard or Wild Turkey

Bittern

Swamp Hen

Bronze-winged and other Pigeons

Gnow

Magpie

Quail

Rottnest and other Snipe

Booby

Frigate Bird

Noddy

Pelican

Curlew

Sea Pie

Sea Snipe

Mutton Bird

Red Bill

Laughing Jackass

Kangaroo

Tamar

Seal

The Second Schedule.

Hare Deer Antelopes

Pheasants

Partridges

Grouse

White Swans

Ostrich

All ether birds not indigenous to Western Australia and their progeny.

By Authority RICHARD PE'rnru, Government Printer. Perth