Game Act 1912 (WA)

WESTERN AUSTRALIA.

ANNO T BETIO

GEORGII QUINTI REGIS,

LIX.

**** ***/oiniimiim***4*******************************

No. 78 of 1912.

AN ACT to consolidate and amend the Laws

relating to Imported and Native Game.

[Assented to 24th December, 1912.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Game Act, 1912. short title.

2.      'this Act shall come., into force on a date to be fixed by Commencement.

Proclamation not less than three months and not more than six months from the passing of this Act.

3.     The Acts enumerated in the First Schedule hereto are Repeal (Schedule).

hereby repealed.

4. In this Act, if not inconsistent with the context,— Interpretation.

" Close Season" means the season or period during which it is

not lawful to take or kill native or other game.

" District" means such part of the State of Western Australia as the Governor may from time to time proclaim to be a district for the purposes of this Act.

1912, No. 78.1 Game. [3 GEO. V.

" Guardian " means any person appointed by the Governor

to assist in directing or controlling the protection

of game under this Act.

"- Imported Game" means and includes any bird or other

animal which is or shall be mentioned in the Third

Schedule hereto, and the offspring, young, or eggs thereof.

" Minister " means the Minister for the time being charged with

the administration of this Act.

" Native Game " means and includes any bird or other animal which is or shall be mentioned in the Second Schedule hereto, and the offspring, young, or eggs thereof, and includes the skin or any portion of the skin or body of such bird or other animal.

" Reserve " means any area of land set apart by or with the approval of the Governor and proclaimed as a reserve for the purposes of this Act.

" Take or kill " means the hunting, shooting, killing, netting, snaring, spearing, pursuing, taking, disturbing, or injuring of any game or of the offspring, young, or eggs thereof.

Alteration of

Schedules. 5. The Governor may, by Proclamation, add the name of any

bird or other animal to the Schedules of this Act, and from time to time may remove the name of any bird or other animal therefrom, and such Proclamation shall take effect as fully as though the additions or removals therein referred to had been expressed in this Act as originally enacted.

Power to Governor

to proclaim (a.) 6. The Governor may from time to time, by Proclamation.

Close season for	declare
native game ; (b.)

Reserves ; (c.) What (a.) The close season for any particular native game, either

game to be strictly generally throughout the State, or in any one- or more

preserved.

districts thereof, to be defined in any such Proclamation:

(b.) Any one or more portions of the State or any one or more

localities to be respectively defined in any such

Proclamation a reserve for native game or any

particular native game.

(e.) That any bird or animal indigenous to Western Australia shall be at all times strictly preserved, either generally throughout the State or in any one or more portions thereof.

Provided that the Governor may in like manner exempt from the operation of any declaration under paragraph (a) of this section, any defined locality.

Districts. 7. The Governor may proclaim any part or parts of the State

to be a district or districts for the purposes of this Act, and may from time to time, or for a stated time, suspend altogether or in part the operation of this Act in such district. Such suspension may apply to all native or imported game , .or to atty.:particular species, sex, or kind of such game specified in such Proclamation.

3 GEO. V.] Game. [1912, No. 78.

lands, and with the consent of the owners thereof any other lands, areas. 8. The Governor may, by Proclamation, declare any Crown Acelin' Sation

to be a protected area under the control of the Acclimatisation Committee of Western Australia, and subject to such limitations and regulations as may be prescribed.

9. (1.) No person shall take or kill or use any dog or gun for Licenses (imported

the purpose of taking or killing any imported game until such ga"O'

person has taken out a license to take or kill such game under this

Act and paid the prescribed fee therefor.

(2.) Every person who commits a breach of this section is liable to a fine not exceeding twenty pounds, in addition to the sum of ten shillings for every bird or animal so taken or killed, and the Justice or Justices before whom the case is heard may order that any such dog or gun used as aforesaid may be destroyed or forfeited

(3.) The Governor may appoint a fit person or fit persons in each district to issue licenses to take or kill imported game.

10. No person shall sell or take or kill for the purpose of License to sell

selling any imported or native game or dispose thereof for gain or garna

reward until he has taken out a license for that purpose and paid

the prescribed fee therefor.

Every such license shall be issued and may be revoked at the discretion of the Minister, and shall declare therein the duration of the said license.

Licenses to sell game shall be signed and issued by the same persons as under this Act are authorised to sign and issue licenses to take or kill game.

11. If any person not authorised under the provisions of this Persons taking or

Act shall wilfully take or kill, or attempt to take ,or kill, or shall killing out of season, et.

use any instrument whatever or any other means for the purpose of 56 Vie., No.86 B. 6

taking or killing

(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 twenty pounds, in addition to the sum of ten shillings for each bird or animal so taken or killed, 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.

1912, No. 78.] Game. [3 GEO. V.

Persons offending

against this Act to 12. If any person shall be found offending against the pro-

gi ve name and	visions of this Act, and shall not give his name and address, and
address and deliver
up game, etc.	shall not deliver up any imported or native game, or any instru-
55 Vie., No. 36,	ment or means used to take or kill such game, to any person who
s. 10.	may demand the same respectively, it shall be lawful for such last- mentioned person, with any assistance he may require, or for any guardian or 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 game, or instrument or means as aforesaid, shall ou conviction forfeit and pay a penalty not exceeding twenty pounds, besides any other penalty he may have incurred under this Act, and shall forfeit such game, instrument, or thing.

Burden of proof. 13. Op Any person charged with having taken or killed native

7 Edw. VII., No. 18, game, or with-having employed any unlicensed person to take or kill

native game contrary to any Proclamation or on any reserve for native game shall, on proof that native game was found in his possession, be deemed to have taken or killed such native game, or to have employed an unlicensed person to take or kill native game until the contrary is proved.

(2.) In every prosecution under this Act an averment in the complaint that the person charged with the offence was an unlicensed person or employed an unlicensed person, or that the native game was taken or killed for sale or barter, shall be deemed to be proved in the absence of proof to the contrary.

Offence of unlawful 14. Any person who

possession of native

game.	(a.) is charged with having in his possession, or on any reserve for native game, any native game reasonably suspected of being unlawfully obtained ; and
(b.) does not prove to the satisfaction of the Justices before whom lie is charged that such native game was lawfully obtained

shall, on conviction, be liable for a first offence to a fine not exceed- ing twenty pounds, and for a second or subsequent offence to imprisonment with or without hard labour for not exceeding six months, or to a fine not exceeding one hundred pounds and not less than twenty pounds.

Guardian. 15. The Governor may from time to time appoint such persons as he shall think fit to be guardians, who shall do all necessary acts for carrying into effect the provisions of this Act, and for preventing and punishing any breach thereof.

3 GEO. V.1 Game. [1912, No. 78.

Any guardian who has reason. to suspect that a breach of any of the provisions of this Act has been committed, and that any game in respect of winch such breach has been committed is likely to be in any tent, house, vessel, boat, conveyance, or other place, may, by warrant, authorise any constable to enter and search, and if found, seize such game. Guardian, search 1..

16.

Any guardian is hereby empowered for the enforcement of the provisions of this Act to exercise the powers and authority of a	Guardian, entry
by.
constable, and shall be at liberty at all times and seasons, without any let or hindrance whatsoever, to enter into or upon and pass over or along any river, stream, lake. or the banks or borders thereof, or any lands, acclimatisation area., or premises, or any reserve within his district, and to enter any boat and examine any instruments whatsoever which are being used or could be used in contravention of this Act, and to do all such other acts and things as lie is required to do by this Act or the Regulations, and the production by him of his appointment shall be sufficient warrant fcr such officer so acting.

17.

No person shall kill or destroy any imported or native game, or shoot at or attempt to shoot at any imported or native game with any swivel gun or punt gun, or use any gun other than such a gun as is habitually raised at arm's length and fired without other support from the shoulder. Any gun having a barrel or barrels of a length exceeding forty-eight inches, or having a bore exceeding eight calibre, shall be deemed and taken to be a swivel or punt gun within the meaning of this Act. Use of heavy guns.

18.

19.      The Minister may in writing authorise any person to catch Authority to take

or take any ga me for bona fide scientific or acclimatisation iguarpeo sfeo s i: scientific

purposes.	c.f. N.Z., S Ed. VII.,
No. 6, s. 32.

(1.) No person shall be deemed to be so authorised to catch or take or shall catch or take any game unless lie has obtained	No person deemed authorised to catch
or take game except
authority from the Minister as hereinbefore provided.	with authority of
(2.) No such authority shall in any case have any force or effect for a longer period than three months from the date thereof,	Minister.
N.Z., 8 Ed. VII.,
except in the case of authority granted to the Director or other	No. 6, s. 32.
officials of the West Australian Museum or of the Zoological Gardens and to the officers of the West Australian Acclimatisation Committee, which shall remain in force during the term of office of the said officers.

20.

21.      The Minister may, in writing, authorise for a stated period Authority to

any person or the servants of any such person to kill or destroy any destroy.

imported or native game found on his property and committing any N.z., 5 Ed. vit.,	No. 6, s. 34.
damage or injury.
Provided that the Minister is satisfied that such injury is likely to arise through the presence of such game.

1912, No. 78.] Game. [3 Gno. V.

Export of game.

N.Z., S Ed. VII., 22. No living imported or native game shall be exported from the

No. 6, s. 31. State of Western Australia unless with the written consent of the Minister; and every person who exports or attempts to export any such game without such consent is liable to a fine not exceeding twenty pounds.

Consignment of 23. The Railway Commissioner may refuse to carry or allow to

game. be conveyed on any Government Railway any game which shall

1 Geo. V., No. 23,

sec. 3. have been or shall be reasonably suspected to have been illegally

bought or sold or illegally in the possession or control of any person, or as to which the consignor or proposed consignor or his agent shall not on demand furnish a statutory declaration that the same has not been illegally bought or sold or is illegally in the possession of any person.

Regulations. 24. The Governor may make Regulations

Prescribing the form of licenses to be issued under this Act

and the conditions and registration thereof ;

Prescribing the duties of guardians, the mode of appoint- ment to, and removal from office, and the control of such officers ;

Prescribing the maximum number of any species of imported or native game which may be taken or killed by any single person in any one day ;

For the preservation and propagation of native or imported game, and generally for enforcing and elucidating the provisions of this Act and furthering the objects thereof.

Such Regulations may impose a penalty not exceeding

Twenty pounds for any breach thereof.

3 GEO. V.] Game. [1912, No. 78.

SCHEDULES.

The First Schedule.

The Game Act, 1892—The whole.

The Game Act Amendment Act, 1900—The whole.

The Game Act Amendment Act, 1907—The whole.

The Game Act Amendment Act, 1911--The whole.

The Second Schedule.

Wild Ducks of all species	Lotus Bird
Wild Geese of all species	Wild Turkey.
Black Swan	Terns and Gulls (extensive of

Gnow or Native Pheasant Gannets)

Quail (including Bustard Quail)	Kestrel
Wild Pigeons and Doves	Frogmouths, Night-jars, King-

Cranes, Herons, Spoonbills, Egrets, fishers, Bee-eaters, and Swifts

and Bitterns Robins and Wagtails

Rails and Crakes (exclusive of Wrens

Galliuules) Magpie Larks

Coots	Magpies
Plovers of all species (including	Wattle Birds

Stone Plover or Curlew) Bower Birds

Oyster Catchers (including Redbills) Finches and Weaver Finches (ex-

Dottrels clusive of Silver-eyes)

Stilts (including Reit nest Snipe, Cockatoos and Galahs

White Headed Stilt, and Red All Marsupials excepting Native

Necked Avocet) Cats

Sea Curlews (including	11	Moloch Horridus
Godwits	Echidna
Sand Pipers	Dugong
Stints, Knots, and Snipe

The Third Schedule.

Deer	N'Vhite Swans
Antelopes	Ostrich
Pheasants	Pea Fowl
Partridges	Guinea Fowl
Grouse	Doves

By Authority: Flan. Wit. SIMPSON, Government Printer, Perth.