Nature Conservation (Open Seasons) Order 2004 (TAS)

Nature Conservation (Open Seasons) Order 2004

I make the following order under section 30(1) of the Nature Conservation Act 2002 .20 February 2004

Judy Jackson

Minister for Environment and Planning

PART 1Preliminary1Short titleThis order may be cited as the Nature Conservation (Open Seasons) Order 2004. 2CommencementThis order takes effect on the day on which its making is notified in the Gazette. 3Interpretation (1)  In this order, partly protected wildlife has the same meaning as in the Wildlife Regulations 1999. (2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. (3)  Any period specified in this order and identified by days or dates is inclusive of those days and dates. PART 2Birds4Open season for wild duck [Clause 4 Subclause (4) omitted by S.R. 2006, No. 158, Applied:01 Jan 2007] [Clause 4 Substituted by S.R. 2007, No. 9, Applied:07 Mar 2007] [Clause 4 Substituted by S.R. 2012, No. 22, Applied:09 May 2012] (1)  In this clause – wild duck means any bird of a species of the family Anatidae that is a form of partly protected wildlife. (2)  The open season for wild duck in each year is the period – (a) starting on the Saturday nearest 8 March of the year; and (b) ending on the Sunday nearest 8 June of the year, except where that Sunday immediately precedes the second Monday in June, in which case the period ends on the second Monday in June. (3)  [Clause 4 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season referred to in subclause (2), a person may only take up to 10 wild duck in a single day. 5Open season for short-tailed shearwater (muttonbird): muttonbird licences (1)  [Clause 5 Subclause (1) amended by S.R. 2006, No. 158, Applied:01 Jan 2007] For the holder of a muttonbird licence, the open season for muttonbird in each year is the period starting at 8.00 a.m. on the Saturday nearest 1 April of the year and ending on the third Sunday following that day, except where that day immediately precedes Easter Monday, in which case the period ends on Easter Monday of the year. (2)  During the open season, juvenile muttonbirds may be taken from the rookeries specified in Schedule 1 to this order. (3)  [Clause 5 Subclause (3) amended by S.R. 2016, No. 16, Applied:30 Mar 2016] [Clause 5 Subclause (3) inserted by S.R. 2015, No. 13, Applied:01 Apr 2015] [Clause 5 Subclause (3) omitted by S.R. 2019, No. 14, Applied:27 Mar 2019] [Clause 5 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season, the holder of a muttonbird licence may only take up to 25 muttonbirds in a single day. 6Open season for short-tailed shearwater (muttonbird): commercial licences (1)  [Clause 6 Subclause (1) amended by S.R. 2008, No. 34, Applied:30 Apr 2008] For the holder of a commercial muttonbird catcher’s licence, the open season for muttonbird in each year is the period starting on 27 March of the year and ending on 30 April of the year. (1A)  [Clause 6 Subclause (1A) inserted by S.R. 2008, No. 34, Applied:30 Apr 2008] .  .  .  .  .  .  .  .   (2)  During the open season, juvenile muttonbirds may be taken from the rookeries specified in a licence referred to in subclause (1). 7Open season for brown quail [Clause 7 Subclause (1) amended by S.R. 2005, No. 25, Applied:20 Apr 2005] [Clause 7 Subclause (2) amended by S.R. 2011, No. 35, Applied:27 Apr 2011] [Clause 7 Substituted by S.R. 2013, No. 19, Applied:01 May 2013] [Clause 7 Substituted by S.R. 2022, No. 3, Applied:26 Feb 2022] (1)  The open season for brown quail in each year commences on the Saturday nearest 15 May of the year and ends on the seventh Sunday following that Saturday. (2)  During an open season referred to in subclause (1), a person may only take up to 20 brown quail in a single day. 8Open season for common pheasant (1)  The open season for common pheasant in each year is the period starting on the Saturday immediately before the second Monday in June of the year and ending on the Sunday immediately before the second Monday in June of the year. (2)  The open season for common pheasant applies only to – (a) adult male pheasant; and (b) the municipal area of King Island. (3)  [Clause 8 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season referred to in subclause (1), a person may only take up to 3 adult male pheasants in a single day. PART 3Mammals9Open season for European fallow deer [Clause 9 Amended by S.R. 2015, No. 87, Applied:09 Dec 2015] [Clause 9 Amended by S.R. 2016, No. 120, Applied:21 Dec 2016] [Clause 9 Amended by S.R. 2017, No. 100, Applied:20 Dec 2017] [Clause 9 Amended by S.R. 2015, No. 87, Applied:09 Dec 2015] [Clause 9 Amended by S.R. 2016, No. 120, Applied:21 Dec 2016] [Clause 9 Amended by S.R. 2017, No. 100, Applied:20 Dec 2017] [Clause 9 Amended by S.R. 2010, No. 19, Applied:17 Feb 2010] [Clause 9 Amended by S.R. 2019, No. 86, Applied:25 Dec 2019] [Clause 9 Substituted by S.R. 2022, No. 3, Applied:26 Feb 2022] (1)  The open season for European fallow deer in each year is – (a) in the case of adult male deer, the period starting on the Saturday nearest 26 February of the year and ending on the sixth Sunday following that Saturday; and (b) in the case of antlerless deer, the period starting on 15 March of the year and ending on 15 November of that year. (2)  During an open season referred to in subclause (1), a person – (a) may only take antlerless deer or adult male deer; and (b) may take no more than one adult male deer. 10Open season for wallaby (1)  In this order, wallaby means any mammal of a species of the family Macropodidae that is a form of partly protected wildlife. (2)  [Clause 10 Subclause (2) substituted by S.R. 2006, No. 158, Applied:01 Jan 2007] The open season for wallaby in each year is the period starting on the Monday immediately before the Saturday nearest 1 March of the year and ending on the Sunday immediately before the Saturday nearest 1 March of the subsequent year. (3)  [Clause 10 Subclause (3) omitted by S.R. 2006, No. 158, Applied:01 Jan 2007] .  .  .  .  .  .  .  .   PART 4Miscellaneous Amendments11National Parks and Wildlife (Open Seasons) Order 2001 revokedThe National Parks and Wildlife (Open Seasons) Order 2001 is revoked. Schedule 1Muttonbird rookeries

Clause 5(2)

Rookery
Furneaux Group
1.	Inner Sister Island Conservation Area
2.	Outer Sister Island Conservation Area
3.	Little Chalky Island
4.	Little Dog Island Game Reserve
5.	Little Green Island Conservation Area
6.	Little Island
7.	Marriott Reef
8.	Pasco Islands
9.	Passage Island
10.	Pelican Island
11.	Prime Seal Island
12.	Puncheon Island
13.	Roydon Island
14.	Sentinel Island
Hunter Group
15.	Bird Island Game Reserve
16.	Harbour Islets
17.	Petrels Game Reserve
18.	Ranger Point Rookery on Three Hummock Island State Reserve
19.	Robbins Island
20.	Stack Island Game Reserve
21.	Walkers Island
King Island Group
22.	Badger Box
23.	Barrier Creek
24.	Bold Head
25.	Boulder Point
28.	Catarique Point
30.	Fraser Bluff
31.	Grassy
32.	Naracoopa Beach
33.	New Year Island Game Reserve
34.	Red Hut
35.	Rocky Point
36.	Sandblow Point
37.	Seal Rocks State Reserve
38.	Wash and Springs
39.	Whistler Point
40.	Wickham Lighthouse

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 March 2004

This order is administered in the Department of Primary Industries, Water and Environment.