Protection of Animals Act 1864 (SA)

ANNO VICESIMQ SEPTIMO ET VICESIMO OCTAVO

A. D. 1864.

No. 23.

An Act to prevent the wanton Destruction of certain Wild and

Acclimatized Animals.

[Assented to, 9th December, 1864.1

W IZEREAS it is cxpcclient to prcvcnt the wanton destruction of Pr~~mblc. ccrtain wild nninials-Be i t therefore Enacted by the Governor-

in-Chief of the Yrovince of South Australia, with the advice and

consent of the Legislative Council and House of' Assembly of the said

Province, in this present Parliament assembled, as follows:

1. If any person shall, during the close season mentioned in the PfnaIty for ""in@; birds, not indigenous,

pier, without having first obtained permission from the owner or occupier

Schedule to this Act, wilf~llly kill or destroy any bird or beast of the , t ,

species mentioned in thc said Schedule, not being dorncsticated, or shall use any instrunzent, net, or other means, during such season,

for the purpose of killing or destroying any such bird or beast, he

shall, upon conviction, forfcit and pay a sum no1 exceeding the sum of Two Pounds, in addition to the sum of Five Shillings for each

bird or beast so killed or destroyed: Provided that this clause shall pro^,,

apply only within the limits of Counties and Hundreds, and the rivers, creeks, lakes, and other inland waters adjacent to Counties and Hundreds.

2. If any person shall wilfully kill or destroy ally bird or beast, Penalty for trespass- ing in pursuit of ani-

or shall use any instrument, net, or other means fdr the purpose , , ,

of killing or destroying any bird or beast, or the eggs or young

of any bird or beast, or enter for the purpose of killing or destroy-

ing any bird or beast, or the eggs or young of any bird or beast, on any enclosed land, except any land whereof he is owner or occu-

270	..	27" & 28" VICTORIX, No. 23.
Protection of Animals Act.-l 864.

occupier of such land, he shall, on conviction, forfeit and pay a sum not exceeding Five Pounds, in addition to the sum of Five Shillings for each bird or beast so destroyed: Provided that this clausc shall have effect only within the limits of Counties ailcl IIundreds.

proof of permission

having been obtained 3, In any proceeding for any offence against the last preceding

to be d ~ e n	br. a.-	clause, the proof of permission having been obtained, shall lie on
fendant,	the defendant.

Acthi.. for dmares. 4,

Nothing in this Act shall remove the liability of any person to

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

injured by such person.

Penalty on sale

during close season.

5. If any person shall sell, or offer for sale, or have in his yos- session. during the close season, as mentioned in the said Schedule, U exceptJ during seven days after the commencement of such season; any of the birds or beasts mentioned in the said Schedule, and not being domesticated, such person shall be liable to a penalty of not less than Forty Shillings, nor more than Ten Pounds: Provided that this clausc shall not apply to any such bird or beast, unless such bird or beast shall have been killed or destroyed coutrary to the provisions of this Act; and proof that such bird or beast was domesticated, or shall have been liwfully killed or destroyed, shall

lie on the defendant.

A C ~ not to apply to 6. Nothing in this Act shall prcvcnt any aboriginal nativc from

aborigines.	lrilling for his own consumption, and consuming any of the nativc
animals mentioned in the said Schedule.
Summary procedure,	7. All fines and penalties for any offence against this Act may be recovered, in a summary way, before any Special Magistrate or two Justices of the Peace, under the provisions of an Ordioance, No. 6 of 1850, To facilitate the performance of the duties of Justices of tho Peace out of Session, with rcspcct to summary convictions and orders," or of any Act hereafter to be in force relating to the duties
of Justices of the 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
mations,	8, Informations may be laid for any offence against this Act at the illstance of any person.
Appropriation of	9. One moiety of every penalty recovered for any offepce against this Act shall be paid to the complainant or informant, and the other to the Treasurer for the use of Her Majesty, Her heirs and successors,
penalties,
for the public uses of the said Province.
~i )pca l.	10. 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 for the payment of costs, or otherwise, which appeal shall be to the Local Court of Adelaide of full juris-

diction

27" & 28" VICTORIB, No. 23.

diction only, and the proceedings on such appeal shall be conducted

in manner appointed by the said Ordinance, No. 6 of 1850, for

appeals to Local Courts; but such Local Court of Adelaide, afore- said, may make such order as to the payment of the cobts of appeal

as it shall think fit, although such costs inay exceed Ten Founds.

I n the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

SCHEDULE

27" & 28" VICTORIE, No, 23.

Protection qf Animals Act.-1864.

SCHEDULE REFERRED TO,

Imported or Acclin~atized Animals,

Pheasants

7

Partridges

Grouse

Swans

Sparrows

Thrushes

Linnets Close season-From 1st August to 31st

Deer

December.

Hares

Antelopes

Rabbits

Finches

Blackbirds

Starlings

Native Birds.

Landrails

Wild Ducks

Teal

Plover

Water Hens

Widgeon

Bitterns Herons Quail

Black Swans

Nankeen Birds

Geese-

Grey

White

Black

Turkey Bustards

Pheasants '

Emus

Laughing Jackasses 1 Close season-1st August to 30111

Magpies

Pigeons

Curlews J