Native Animals Protection Act 1903 (NSW)

Act No. 18, 1908.

An Act to protect native animals, and to amend the Birds Protection Act, 1901. [5th Decem­

ber, 1903.]

Assembly of New South Wales in Par l i ament assembled, and by the	HE it enacted by the King ' s Mos t Exce l len t Majesty, by and wi th t h e advice and consent of the Legislative Council and Legislat ive
au tho r i t y of the same, as follows :—
1. This Act m a y be cited as the " Nat ive Animals Protec t ion 2. This Act shall apply to nat ive animals (hereinafter referred to as scheduled nat ive animals) of any of the kinds ment ioned in or hereafter added to the Schedule .
Act , 1 9 0 3 . "
3. (1) The Colonial Secretary, by a notice publ ished in t he Gazet te , may add to t he Schedule t h e n a m e of any nat ive an imal no t included therein for any par t icu la r district or for t he whole State , and prescribe a close season or a period of absolute protect ion for such
na t ive an imal . The product ion of the Gazet te conta in ing such not ice shal l be
conclusive evidence of such addit ion.

(2) The Colonial Secretary, by notice published in the Gazet te ,

may remove the n a m e of any nat ive animal from the Schedule for any par t icu lar dis tr ict described in such notice or for t he whole State whenever it is deemed by h im expedient so to do by reason of any grea t increase 1 in the n u m b e r of such nat ive animals , or of the i r be ing found to be injurious, and a n n u l any such notice of removal .

4 . The close seasons for scheduled nat ive animals are those appear ing in the second co lumn of the Schedule aga ins t t he respect ive names of such animals

every such offence, be liable to a pena l ty no t exceeding five pounds .

The periods of t ime du r ing which such na t ive an imals are to

be absolutely protected are those set down agains t the i r names in t he

th i rd column of the Schedu l e :

Provided t h a t the Colonial Secretary may, by notice in t he Gazet te , vary the close1 season, or the period e>f absolute protect ion of any such animal for any district described in such not ice or for t h e whole S ta te whenever it appears to h im to be expedient so to do.

5. No twi ths t and ing a n y t h i n g contained in t he Pas tu res

Pro tec t ion Act, 1902, or in any other Act , any person who, du r ing the ch)se season, or period of absolute protect ion of any scheeluleel na t ive animal , wilfully kills, captures , or injures, or a t t e m p t s or uses any means wha tever to kill, cap tu re , or injure any such an imal shall, for

6. (1) Any person who, during - t he close season or period of absolute protect ion of any scheduled na t ive animal , sells, offers for sale, or has in his control or possession any such an imal recently kil led or t aken , or the skin of such an imal or any par t of such an imal or skin, shall be liable to a penalty not exceeding live pounds , unless he proves t h a t such animal was killed, taken, bough t , or received ei ther du r ing the period and in t he district in which such na t ive an imal could legally be killed, or in or from another Sta te or Colony.

(2) No person shall be convicted of an offence against this section with regard to any such native an imal or skin if he proves t h a t he or some other person from w h o m the same was obtained had the same in his possession before the commencemen t of th is Act .
(3) No th ing herein contained shall p revent any person from hav ing or keeping any nat ive an imal in a s ta te of confinement, provided the an imal is not t aken or cap tured in t he close season or period of absolute protection of such an imal .
7. (1) Any constable may require any person offending agains t any of t he provisions of th is Act to give his n a m e in full and place of abode.
(2) If such person, after being so required, refuses to give his real n a m e or place of abode, or gives a false or fictitious name or place of abode, he may be arres ted and t aken before some jus t ice of t he peace, and shall be liable for every such offence; to a pena l ty not exceeding five pounds .
8. All informations or charges for offences agains t th is Ac t may be heard and de te rmined before; two just ices of t h e peace.
9. All penal t ies recovered under th is Act shall be paid—one-half to t he person who in t h e opinion of the convict ing just ices of the peace gave; such information as led to the conviction, and one-half to t he Zoological Society.
10. This Act shall not apply to any person author ised by t h e

Colonial Secretary to collect specimens of n a t u r a l his tory for any

scientific ins t i tu t ion or museum, or for t he purpose of ca r ry ing on any
scientific invest igat ion, nor shall it app ly to a n y person author ised by
the Colonial Secretary to collect na t ive an imals for any purpose

speeifieel in such au thor i ty .

11 . The Colonial Secretary, by notice in the Gazet te , may

prescribe in respect of any of the birds named in t he Schedule to the Birds Protect ion Act , 1901 , or added in pursuance of t ha t Act to such Schedule , such period of absolute protect ion as he may t h i n k fit, and may in like' m a n n e r al ter or a n n u l such period, and the reupon the provisions of the said A c t applicable du r ing the close season prescribed by t h a t Act shall in respect of such birds apply du r ing such period of

absolute protect ion.

SCHEDULE.

S C H E D U L E .

Period of absolute

Scientific name—Common name. Close season. protection.

Macropus rufus—Ked Kangaroo ... "

Macropus robust us — W a l l a r o o ...

Phascolarctus	cinereui—Native	Bear	. . .
Pliascolomys	mitclielli ~)

Phascolomys ursinus > W o m b a t s 1 Augus t in every The whole period

Phascolomys laiifrons ) year to 31 J a n u a r y from the commence­

Ornithorhynchus ana/inns—Platypus ..

then next succeed­ men t of th is Ac t to

Tachyolossus aculcatus — Echidna or

ing inclusive. 31 J a n u a r y , 1905.

Na t ive Forcup inc .

Petaurus	sciureus	~\
Petaurus	breviceps	> Suga r Squirre ls . . .
Petaurus	austrails	)

Petauroides volans—Living Opossum . J