Wildlife Act 1975 (Vic)

Version No. 130

Wildlife Act 1975

No. 8699 of 1975

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

1APurposes

Part I—Preliminary

3Definitions

4Transport Integration Act 2010

4AFilming Approval Act 2014

4BRestriction on application of Act

4CTraditional owner agreement for natural resources

7AGovernor in Council may declare protected wildlife to be unprotected in an area of Victoria

Part II—State Wildlife Reserves and Nature Reserves

12Secretary may accept gift of land etc.

13Secretary may accept gift of personal property

14Land manager has management and control of lands

14AObligations of Secretary and Parks Victoria in relation to Yarra River land

14BObligations of Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority in relation to declared areas

14CObligations of Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

15State Wildlife Reserves

16Land manager has management and control of State Wildlife Reserves

16ALand manager has management and control of Nature Reserves

17Moneys received paid to Consolidated Fund

18Land manager to prepare management plans for reserves

18AManagement agreements with Traditional Owner Land Management Boards

18BLand to be managed consistently with joint management plan

19Limitation of mining etc. on State Wildlife or Nature Reserves

20Offence to take wildlife from State Wildlife Reserve

21Removing sand etc. from State Wildlife Reserve or Nature Reserve

21AAAOffence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve

21AAOffence to cut or take away fallen or felled trees

Part IIA—Tour operator licences

21AOffence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed

21BGrant of tour operator licence

21CApplication for tour operator licence

21DRequirement to pay annual licence fee after grant of tour operator licence

21ETour operator licence conditions

21FContravention of condition an offence

21GVariation of tour operator licence

21HSuspension of tour operator licence

21IMaking submissions on suspension

21JCancellation of tour operator licence

Part III—Licences

22Wildlife licences

22AGame licences

23Grant of wildlife licences may be refused in certain cases

25Duration of licence

25AMandatory cancellation of certain licences by Secretary

25ABMandatory cancellation of certain licences by Game Management Authority

25BPower of Secretary to suspend certain licences

25BAPower of Game Management Authority to suspend certain licences

25CMaking submissions on suspension

25DPower of Secretary to cancel certain licences

25DAPower of the Game Management Authority to cancel certain licences

28Production of licence

Part IIIA—Authorisations

28AAuthorisation to take etc. wildlife

28BOffence of failing to comply with conditions of authorisation

28CDuration and renewal of authorisation

28DSuspension of authorisation

28EMaking submissions on suspension

28FCancellation of authorisation

Part IIIB—Authorisation Orders

28GAuthorisation Orders as to taking etc. wildlife

28HAuthorisation Orders as to disturbing wildlife

28IConditions in authorisation orders

28JPublication and commencement of authorisation order

28KPeriod of authorisation order

Part IV—Research and management

29Secretary to carry out research etc.

30Minister may authorize the use of prohibited equipment for certain purposes

31Persons acting under authority not guilty of offence

Part V—Wildlife Management Co‑operative Areas, prohibited areas, and sanctuaries

32Wildlife Management Co-operative Areas

33Prohibited areas

34Wildlife sanctuaries

35Offences in relation to wildlife sanctuaries

Part VII—Offences

41Hunting, taking or destroying threatened wildlife

43Hunting, taking or destroying protected wildlife

44Hunting, taking or destroying game

45Acquiring etc. threatened wildlife

47Acquiring etc. protected wildlife

47AExemptions from certain sections

47CEmployees of licence holders

47DWildlife unlawfully taken

47EExemption from definition of prohibited person in Firearms Act 1996

48Offence for dogs or cats to attack etc. wildlife

48ASeizure of dogs or cats

48BOwner to be notified

48CRecovery or disposal of animal

49Power to make Order prohibiting possession etc. of certain wildlife

50Import and export permits

51Marking protected wildlife

52Release of birds and animals from captivity or confinement

53Use of prohibited equipment

54Killing wildlife by poison

55Using bird-lime etc.

56Punt guns

57Interference with signs etc.

58Molesting and disturbing etc. protected wildlife

58AKeeping false records

58BProviding false information

58COffence for certain persons to enter on or remain in specified hunting area

58DOffence to approach a person who is hunting

58EHindering or obstructing hunting

Part VIIA—Banning notices and exclusion orders

Division 1—Interpretation

58FMeaning of specified offence

Division 2—Banning notices

58GIssue of banning notice

58HContent of banning notice

58IVariation and revocation of banning notice

58JOffence to contravene banning notice

58KDirection to leave area to which banning notice applies

58LOffence to refuse or fail to comply with direction to leave area to which banning notice applies

Division 3—Exclusion orders

58MExclusion orders

58NVariation of exclusion order

58OOffence to contravene exclusion order

58PDirection to leave area to which exclusion order applies

58QOffence to refuse or fail to comply with direction to leave area to which exclusion order applies

Division 4—General

58RDisclosure of information for enforcement purposes

Part VIII—Enforcement and legal proceedings

59Powers of authorised officers

59ASearches of personal property

59BSearches of vehicles and boats

59CSearch warrant for evidence of offence

59DAnnouncement before entry

59ECopy of warrant to be given to occupier

59FOccupier entitled to be present during search

60Seizure of prohibited equipment etc.

60APower to require production of firearms licence

60BRequirements as to taking samples, seizing

60CSamples

60DRetention notices

60EEvidentiary provisions relating to retention notices

61Offenders to give name and address on demand

62Obstructing officer etc.

62AOffence to impersonate officer

64Statements of the Secretary or the Game Management Authority as evidence

65Eggs presumed to be threatened wildlife

68Simplification of proof

69Onus of proving wildlife not taken in Victoria

70Cancellation of licence upon conviction for offence

70ADisposal of seized things

Part IX—Controlled operations

Division 1—Introduction

71Definitions

72Evidentiary matters

Division 2—Authorisation of controlled operations

73Applications for authorities to conduct controlled operations

74Determination of applications

74AMatters to be taken into account

74BForm of authority

Division 3—Variation and cancellation of authorities

74CWhen can an authority be varied?

74DApplication for variation of authority

74EDetermination of application to vary authority

74FForm of variation of authority

74GCancellation of authorities

Division 4—Effect of authorities

74HEffect of authorities

74IDefect in authority

74JEffect of being unaware of variation or cancellation of authority

74KProtection from criminal responsibility for certain ancillary conduct

Division 5—Notification of third parties

74LNotification requirements

Division 6—Compliance and monitoring

74MUnauthorised disclosure of information

74NPrincipal law enforcement officers' reports

74OSecretary's reports

74OAGame Management Authority's reports

74PAnnual report by Integrity Oversight Victoria

74QKeeping documents connected with authorised operations

74RGeneral register of the Secretary

74RAGeneral Register of the Game Management Authority

74SInspection of Department records by Integrity Oversight Victoria

74SAInspection of Game Management Authority records by Integrity Oversight Victoria

Division 7—General

74TNo delegations

74UEvidence of authorities

74VTransitional provision

Part X—Protection of whales

Division 1—General

75Definitions

76Killing, taking whales etc. an offence

77Action to be taken with respect to killing or taking of whale

77AOffence to approach whales

78Power to Secretary to grant permits

79Conditions of permit

80Breach of condition an offence

81Power of authorised officer to give directions

81AVariation of permits

81BSuspension of permits

81CMaking submissions on suspension

81DPower of Secretary to cancel permit

82Public notices in relation to permits

Division 2—Whale watching and swim tour permits

83Offence to conduct whale watching tour

83APower to grant whale watching tour permits

83BConstraints on the granting of whale watching tour permits

83COffence to conduct whale swim tour

83DPower to grant whale swim tour permits

83EConstraints on the granting of whale swim tour permits

83FDetermination of limited permit areas

83GNotice of proposal to make limited permit area determination

83GASubmissions on proposal to make limited permit area determination

83GBAmendment or revocation of limited permit area determination

83GCPermits in limited permit areas to be granted on determination of Secretary

83GDApplications for permits

83GEFees for permits

83GFPeriod of permit

83GGRenewal of permit

83HConditions of permits under this Division

83IBreach of condition an offence

83JPower of authorised officer to give directions

83KVariation of permits under this Division

83LSuspension of permits under this Division

83MMaking submissions on suspension

83NPower of Secretary to cancel permit

Division 3—Regulations and miscellaneous matters

84Performance by authorised officers of duties etc. under Commonwealth Act

85Summary jurisdiction in indictable offences

85ARegulations

Part XA—Protection of seals

85BOffence to conduct seal tour

85CPower to grant seal tour permit

85DApplications for seal tour permits

85EFee payable for seal tour permit

85FPeriod of seal tour permit

85GRenewal of seal tour permit

85HConditions of seal tour permits

85IBreach of condition an offence

85JVariation of seal tour permits

85KSuspension of seal tour permits

85LMaking submissions on suspension

85MPower of Secretary to cancel seal tour permit

Part XI—Miscellaneous

86Notices prohibiting, regulating or controlling the taking, destroying or hunting of wildlife

86AEmergency closure notices

86BTime for bringing proceedings

86CReview of decisions

87Regulations

87ATour operator licence regulations

Part XII—Transitional

88Permits and authorities

89Conditions on licences etc.

90Transitional provision, dolphin swim tour permits—Wildlife (Amendment) Act 2002

91Transitional provision, dolphin sightseeing permits—Wildlife (Amendment) Act 2002

92Transitional provision—Control of Weapons and Firearms Acts (Search Powers) Act 2003

92ATransitional provision—Crimes Legislation Amendment Act 2010

93Transitional provisions—2008 Act

94Transitional provisions—2008 Act—whale watching tours by aircraft

95Transitional provisions—2008 Act—seal tours

96Tour operator licence offence

97Transitional provision—Integrity and Accountability Legislation Amendment Act 2012

98Transitional provision for wildlife licences in respect of specified birds—Game Management Authority Act 2014

99Transitional provision for wildlife licence applications—Game Management Authority Act 2014

100Transitional provision for game licences—Game Management Authority Act 2014

101Transitional provision for game licence applications—Game Management Authority Act 2014

102Transitional provision, mandatory cancellation of licence—Game Management Authority Act 2014

103Transitional provision, submissions on suspension of licence—Game Management Authority Act 2014

104Transitional provision, power to cancel licence—Game Management Authority Act 2014

105Transitional provision, review of decisions—Game Management Authority Act 2014

106Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

107Transitional provision, advisory committee—Primary Industries Legislation Amendment Act 2016

Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 130

Wildlife Act 1975

No. 8699 of 1975

Version incorporating amendments as at

10 February 2025

An Act to re-enact with amendments the provisions of the Game Act 1958 and sections 9 and 10 of the Protection of Animals Act 1966.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Wildlife Act 1975.

(2)The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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1APurposes

The purposes of this Act are—

(a)to establish procedures in order to promote—

(i)the protection and conservation of wildlife; and

(ii)the prevention of taxa of wildlife from becoming extinct; and

(iii)the sustainable use of and access to wildlife; and

(b)to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife.

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PART I—PRELIMINARY

3Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

accepted recommendation means—

(a)in relation to a report under section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i)the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii)if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b)if there is no response to which paragraph (a)(i) or (ii) applies, themost recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

aircraftmeans any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft;

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

authorisation order means an order made under section 28G or 28H;

authorised officer means—

(a)a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or

(b)a person appointed as an authorised officer under the Game Management Authority Act 2014 for the purposes of this Act; or

(c)a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;

banning notice means a notice given under section 58G;

boat means any form of transportation on water;

buy means buy or purchase and includes agreeing to buy or purchase, receiving or accepting under an agreement to buy or purchase and acquiring by barter or exchange;

close season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited—

(a)by a notice under section 86; or

(b)by the regulations;

controlled wildlife means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be controlled wildlife for the purposes of this Act;

declared area has the same meaning as in the Planning and Environment Act 1987;

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

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exclusion order means an order made under section 58M;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

firearm has the same meaning as in the Firearms Act 1996;

game means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be game for the purposes of this Act;

game licence means a game licence issued under section 22A;

Game Management Authority means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014;

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

hunt includes pursue, trail, stalk, search for or drive out an animal;

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

land manager means—

(a)for Parks Victoria recorded land, Parks Victoria; or

(ab)for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or

(b)for all other land, the Secretary;

limited permit area means an area that is the subject of a limited permit area determination;

limited permit area determination means a determination under section 83F;

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open season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted—

(a)by an order under section 28G; or

(b)by a notice under section 86; or

(c)by the regulations;

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribedmeans prescribed by regulations under this Act;

proclamation means any proclamation of the Governor in Council made under or continued in force by this Act;

protected wildlife means all wildlife other than those kinds or taxon which—

(i)is a pest animal within the meaning of the Catchment and Land Protection Act 1994; or

(ii)the Governor in Council from time to time by Order published in the Government Gazette declares to be unprotected wildlife; or

(iii)are specified by Order of the Governor in Council published in the Government Gazette pursuant to section 7A;

seal means any wildlife that is a member of the family Otariidae or the family Phocidae;

seal tour means an activity conducted for profit that involves—

(a)one or more persons, on land, observing or interacting with seals; or

(b)one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;

seal tour permit means a permit granted under section 85C;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

sell includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things;

specified birds means the birds prescribed in the Schedule;

specified hunting area means an area declared to be a specified hunting area by regulation under section 58C(2);

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

structure includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife;

taxon means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;

the wildin relation to any wildlife means the natural habitat of that wildlife or an independent, unpossessed or natural state and not an intentionally domesticated or captive state regardless of the location;

this Act includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A;

threatened wildlife means protected wildlife that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988;

tour operator licence means a licence granted under section 21B;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

vessel means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—

(a)a barge, lighter, floating restaurant or other floating vessel; and

(b)an air-cushion vehicle or other similar craft, that is used in navigation by water; and

(c)any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne;

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whale swim tour means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;

whale swim tour permit means a permit granted under section 83D;

whale watching tour means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;

whale watching tour permit means a permit granted under section 83A;

wildlifemeans—

(a)any animal of a vertebrate taxon other than mankind which is indigenous to the whole or part or parts of Australia or its territories or territorial waters, whether or not it occurs elsewhere;

(b)all kinds of deer, non-indigenous quail, pheasants, and partridges and any other taxon of animal which the Governor in Council by Order published in the Government Gazette declares to be wildlife for the purposes of this Act;

(ba)any taxon of terrestrial invertebrate animal which is listed under the Flora and Fauna Guarantee Act 1988; and

(c)any hybrids of a kind or taxon of animal specified in or pursuant to paragraphs (a) and (b)—

and except as is otherwise expressly provided in any such Order includes any such animal or any member of a taxon which is bred or kept in captivity or confinement but in Parts I to VI and Parts IX and XI does not include a whale within the meaning of section 75;

wildlife licence means a wildlife licence issued under section 22;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2)This Act does not apply to fish within the meaning of the Fisheries Act 1995.

(3)Any reference in any other Act or law to the Game Act 1958 or to section 9 or section 10 of the Protection of Animals Act 1966 or to any provisions thereof shall be read and construed as a reference to this Act or the corresponding provisions of this Act (as the case requires).

(4)Any reference in this Act to wildlife is a reference to wildlife in any form, whether alive or dead and whether the flesh is raw, or cooked or preserved or processed in any manner whatsoever, and includes the skin, pelage, plumage, fur, skeletal material, organs, blood, tissue or any other part thereof and the eggs or any part of the eggs thereof.

(5)The Governor in Council may, by proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

4Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

4AFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

4BRestriction on application of Act

The Governor in Council may by Order published in the Government Gazette declare that the parts of this Act specified in the Order do not apply to the taxa of invertebrate animals specified in the Order.

4CTraditional owner agreement for natural resources

(1)If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to any member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2)For the purpose of subsection (1) the following provisions are specified—

(a)section 49;

(b)section 54;

(c)section 56;

(d)section 58D;

(e)section 58E;

(f)section 58J;

(g)section 58L;

(h)section 58O;

(i)section 58Q;

(j)section 60A;

(k)section 60D;

(l)section 61;

(m)section 62;

(n)section 62A.

(3)For the purposes of this section—

(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and

(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.

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7AGovernor in Council may declare protected wildlife to be unprotected in an area of Victoria

(1)Whenever it appears to the Minister that a taxon or kind of protected wildlife is causing injury or damage to—

(a)any building, vineyard, orchard, garden or other property;

(b)any crop, grass, trees or other vegetation; or

(c)any taxon or kind of animal (including fish)—

in an area of Victoria, the Governor in Council may upon the recommendation of the Minister by an Order published in the Government Gazette declare that taxon or kind of wildlife to be unprotected wildlife in the area and for the period specified therein.

(2)An Order of the Governor in Council declared pursuant to subsection (1) shall specify the area, conditions, limitations and restrictions including the persons authorized and the methods that they may use to kill, take or otherwise control the taxon or kind of wildlife declared unprotected.

(3)Upon the making of the Order the Secretary shall cause notice of the making of the Order to be published in a newspaper circulating generally in the area to which the Order applies and the Secretary may take any other measures that the Secretary considers are necessary to publicize the provisions of the Order.

(4)Notwithstanding any other provision of this Act, the killing or taking of wildlife in accordance with the provisions of an Order declared pursuant to this section shall not constitute an offence against this Act or be unlawful by virtue of any of the provisions of this or any other Act.

(5)Any person who contravenes or fails to comply with any provision, condition, limitation or restriction contained in an Order under this section shall be guilty of an offence against this Act.

Penalty:50 penalty units.

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PART II—STATE WILDLIFE RESERVES AND NATURE RESERVES

12Secretary may accept gift of land etc.

(1)The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any land from the donor thereof or from the executor or administrator of any estate which the owner thereof desires to be set aside for the propagation or management of wildlife or the preservation of wildlife habitat and thereupon the land shall be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Crown Land (Reserves) Act 1978 for the purposes of this Act.

(2)The Secretary with the consent of the Minister may accept a donation, gift, or bequest of land conditional upon the donor or a nominee of the donor or a nominee of the testator occupying the land during his lifetime or for a specified period.

13Secretary may accept gift of personal property

The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any personal property or of money and may act as executor or administrator of any estate or as trustee of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

14Land manager has management and control of lands

The land manager shall have the management and control of any lands—

(a)accepted under section 12; and

(b)of the Crown which pursuant to the provisions of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment are temporarily or permanently reserved from sale or from being leased or from having a licence granted in respect thereof and which—

(i)have been set aside for the propagation or management of wildlife or the preservation of wildlife habitat; or

(ii)have been set aside for another purpose specified in section 4(1) of the Crown Land (Reserves) Act 1978 and in respect of which pursuant to an accepted recommendation the Minister considers that it would be appropriate for the land manager to have the management and control of such lands, and the Governor in Council by Order published in the Government Gazette pursuant to section 18(1) of the Crown Land (Reserves) Act 1978 places such lands under the control and management of the land manager for the purposes for which it is reserved.

14AObligations of Secretary and Parks Victoria in relation to Yarra River land

(1)The land manager—

(a)must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the land manager when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

(b)must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the land manager, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

14BObligations of Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority in relation to declared areas

(1)The land manager, when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a)must not act inconsistently with any part

of a Statement of Planning Policy that is expressed to be binding on the land manager or the committee of management; and

(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the land manager or the committee of management; and

(c)must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager or the committee of management in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

14CObligations of Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

(1)The land manager, when performing a function or duty or exercising a power under this Act or any other Act—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

15State Wildlife Reserves

(1)All lands coming under the management and control of the land manager pursuant to the provisions of this Act other than pursuant to section 14(b)(ii) shall be known as State Wildlife Reserves.

(1A)To avoid doubt, the entering into of an agreement under section 18A(1) for the management of land that is a State Wildlife Reserve by a Traditional Owner Land Management Board does not affect the status of the land as a State Wildlife Reserve.

(2)State Wildlife Reserves may by Order of the Governor in Council published in the Government Gazette be further classified separately as State Game Reserves, State Game Refuges, State Faunal Reserves, Game Management Stations or other classifications as specified.

(3)All lands coming under the management and control of the land manager pursuant to the provisions of section 14(b)(ii) are referred to in this Act as "Nature Reserves" and shall be known by the title specified in the Order of the Governor in Council referred to in section 14(b)(ii).

16Land manager has management and control of State Wildlife Reserves

(1)Every State Wildlife Reserve shall be managed and controlled by the land manager subject to this Act and any special directions of the Minister.

(2)Subject to the regulations the land manager may—

(a)notwithstanding anything to the contrary in the Land Act 1958 grant licences, other than a licence for a purpose relating to apiculture, in respect of land within a State Wildlife Reserve;

(b)impose collect and receive tolls rents fees or charges for or with respect to—

(i)entry upon such land or any specified part thereof;

(ii)the use of such land or any part thereof or any improvement thereon;

(iii)shooting on or over any such land;

(iv)using any service or facility whatsoever;

(v)the examination and approval of plans for any building or other structure to be erected on any land in an area held under licence under this section;

(c)provide services or arrange for the provision of services to any such land;

(d)carry out works or improvements on any such land;

(e)authorize and control the use of any land held under licence under this section.

(3)A licence is taken to be granted for a purpose relating to apiculture if it permits the holder of the licence—

(a)to keep bee hives on the land described in the licence; or

(b)to enable the licensee's bees to forage over the licensed land for nectar or pollen.

16ALand manager has management and control of Nature Reserves

(1)The land manager shall for the purposes of the management and control of Nature Reserves be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.

(2)Notwithstanding the provisions of sections 14(b)(ii) and 16A(1), where the land is subject to an accepted recommendation the land manager may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved.

(3)The Governor in Council may make regulations for and with respect to any of the matters referred to in subparagraphs (ii) to (xi) of section 13(1) of the Crown Land (Reserves) Act 1978 in relation to the land as if—

(a)any reference in that section to a committee of management were a reference to the land manager; and

(b)any reference in that section to the land were a reference to a Nature Reserve.

(4)Any regulations made under subsection (3) for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

17Moneys received paid to Consolidated Fund

(1)All moneys received by the land manager by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve shall be paid into the Consolidated Fund.

(2)Despite subsection (1), all money received by the Great Ocean Road Coast and Parks Authority as land manager by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the Great Ocean Road and Environs Protection Act 2020.

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18Land manager to prepare management plans for reserves

(1)The land manager shall—

(a)with respect to each wildlife reserve in existence at the commencement of this section, prepare a plan of management as soon as practicable after the commencement of this section; and

(b)with respect to each State Wildlife Reserve constituted after the said commencement prepare a plan of management as soon as practicable after the constitution of the State Wildlife Reserve; and

(c)with respect to each Nature Reserve brought under the management and control of the land manager pursuant to section 14(b)(ii), prepare a plan of management as soon as practicable after the commencement of this subsection.

(2)The Minister may adopt a plan of management without alteration, or with such alterations as he thinks reasonable, or may refer the plan back to the land manager for further consideration.

(3)Every plan of management when sanctioned by the Minister shall be the working plan for the State Wildlife Reserve or the Nature Reserve to which it relates.

(4)A plan of management may be amended from time to time with the approval of the Minister and shall, as amended, thereafter be the plan of management of the State Wildlife Reserve or the Nature Reserve to which it relates.

(4A)A plan of management under this section may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

(5)In the case of any appointed land of a Traditional Owner Land Management Board, a plan of management under this section of any State Wildlife Reserve or Nature Reserve does not have effect if a joint management plan (within the meaning of the Conservation, Forests and Lands Act 1987) is in effect for that land.

(6)On and after the preparation of a Marine and Coastal Strategy, the Secretary must ensure that a plan of management, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

(7)In this section—

coastal and marine management plan has the same meaning as in the Marine and Coastal Act 2018;

marine and coastal Crown land has the same meaning as in the Marine and Coastal Act 2018;

Marine and Coastal Strategy has the same meaning as in the Marine and Coastal Act 2018.

18AManagement agreements with Traditional Owner Land Management Boards

(1)The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a)the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board; or

(b)the carrying out of specified functions, powers or duties in relation to the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board.

(2)The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

(2A)The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to any land in the Great Ocean Road coast and parks.

(3)In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land in a State Wildlife Reserve or Nature Reserve that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a State Wildlife Reserve or Nature Reserve that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

(4A)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land in a State Wildlife Reserve or Nature Reserve that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a State Wildlife Reserve or Nature Reserve that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

(5)Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

18BLand to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes the whole or any part of a State Wildlife Reserve or Nature Reserve under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

19Limitation of mining etc. on State Wildlife or Nature Reserves

(1)Notwithstanding anything to the contrary in the Mineral Resources (Sustainable Development) Act 1990 or in any other Act or law no person has any rights of entry, prospecting, exploration, or mining in respect of lands being part of a State Wildlife Reserve or a Nature Reserve without the written permission of the Minister after consultation with the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990 and subject always to any conditions, limitations, or restrictions the Minister thinks fit to impose.

(2)Any dispute arising with respect to the operation of this section between the Department within the meaning of the Conservation, Forests and Lands Act 1987 and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final.

(3)Where buildings huts fences dams weirs installations or standing crops are found within a State Wildlife Reserve or a Nature Reserve and—

(a)the owner or occupier thereof does not on demand produce any lease licence permit or authority therefor; or

(b)after reasonable inquiries made by an authorised officer the owner or occupier thereof cannot be found—

then on the hearing of the complaint of an authorised officer either generally or specially authorized in writing by the land manager to make such a complaint the Magistrates' Court may fix a time within which such buildings huts fences dams weirs installations or crops shall be removed.

(4)If such removal is not effected within the time so fixed all such buildings huts fences dams weirs installations or crops shall thereupon become the property of the Crown and shall be disposed of as the Minister directs.

(5)In any case where after such inquiries the owner or occupier has not been found it shall be sufficient service of the notice of removal if a copy thereof is posted on some conspicuous part of the land on which the buildings huts fences dams weirs installations or crops are found.

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20Offence to take wildlife from State Wildlife Reserve

(1)Any person who, without the authority in writing of the Minister under Part IIIA, takes or destroys wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

Penalty:25 penalty units.

(2)Any person who without the authority in writing of the Minister hunts or wilfully disturbs wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

Penalty:25 penalty units.

21Removing sand etc. from State Wildlife Reserve or Nature Reserve

(1)Any person who without the authority in writing of the land manager digs or removes any sand, soil, or other material from a State Wildlife Reserve or a Nature Reserve or deposits rubbish, debris, or other material in a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

Penalty:25 penalty units.

(1A)Subsection (1) does not apply to a person if the person is acting under and in accordance with a levee maintenance permit within the meaning of the Water Act 1989.

(2)Any person, other than a person authorised under the Water Act 1989 to do so, who without the authority in writing of the land manager interferes with or damages any structure or interferes with the flow of water into, out of, or within a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

Penalty:25 penalty units.

(3)Any person who without the authority in writing of the land manager takes, destroys, hunts, injures or wilfully disturbs wildlife or takes destroys or damages any native flora in a Nature Reserve shall be guilty of an offence against this Act.

Penalty:25 penalty units.

21AAA Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve

(1)A person must not—

(a)construct, remove or alter a levee within a State Wildlife Reserve or a Nature Reserve; or

(b)carry out maintenance on a levee within a State Wildlife Reserve or a Nature Reserve.

Penalty:Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.

(2)Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—

(a)in the performance of a function under this Act or the regulations; or

(b)that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act.

(2A)Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.

(3)Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit.

(4)In this section—

levee has the same meaning as in Part 5AA of the Water Act 1989;

levee maintenance permit has the same meaning as in the Water Act 1989;

maintenance has the same meaning as in Part 5AA of the Water Act 1989.

21AA   Offence to cut or take away fallen or felled trees

(1)A person must not cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.

Penalty:20 penalty units.

(2)A person must not cut or take away more than 2 cubic metres of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.

Penalty:50 penalty units or imprisonment for 1 year or both.

(3)Subsections (1) and (2) do not apply to a person who—

(a)cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or

(b)cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with the regulations or regulations under any other Act.

(4)In this section—

fallen or felled trees includes parts of fallen or felled trees;

tree or trees has the same meaning as in section 3(1) of the Forests Act 1958.

PART IIA—TOUR OPERATOR LICENCES

21AOffence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed

(1)A person must not conduct an organised tour or recreational activity for profit on a State Wildlife Reserve unless that person holds a tour operator licence.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2)Subsection (1) does not apply to a person who conducts an activity on a State Wildlife Reserve and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.

(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).

21BGrant of tour operator licence

(1)The land manager may grant a licence to a person to conduct an organised tour or recreational activity for profit on a State Wildlife Reserve to a person who has applied under section 21C.

(2)The land manager may grant a licence under subsection (1) for a period not exceeding 10 years.

21CApplication for tour operator licence

(1)A person may apply for a tour operator licence to the land manager in respect of the land on which the proposed tour or recreational activity is to take place.

(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.

(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.

21DRequirement to pay annual licence fee after grant of tour operator licence

(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.

(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.

21ETour operator licence conditions

A licence granted under section 21B is subject to—

(a)any conditions, determined by the land manager, that are specified or referred to in the licence; and

(b)any prescribed conditions.

21FContravention of condition an offence

A holder of a tour operator licence must not contravene the conditions of the licence.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

21GVariation of tour operator licence

(1)The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence.

(2)On receiving the application under subsection (1), the land manager may vary the licence or condition in accordance with the application.

(3)A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder.

(4)The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required.

(5)A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder.

21HSuspension of tour operator licence

(1)If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend the tour operator licence by notice in writing given to the holder of the licence.

(2)A suspension under this section has effect—

(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and

(b)subject to section 21I, for the period (not exceeding 90 days) specified in the notice.

(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—

(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;

(b)specify a date or period by which the submissions must be made.

21IMaking submissions on suspension

(1)The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence.

(2)The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1).

(3)In carrying out a review under subsection (2), the land manager—

(a)must have regard to the submissions made under subsection (1); and

(b)may decide to continue, revoke or amend the suspension.

(4)The land manager must notify the person whose licence has been suspended of the outcome of review.

21JCancellation of tour operator licence

(1)The land manager may cancel a tour operator licence if the land manager is satisfied, on reasonable grounds, that—

(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or

(b)the holder of the licence has contravened a condition of the licence.

(2)Before cancelling a tour operator licence, the land manager must—

(a)notify the holder of the licence that the land manager proposes to cancel the licence; and

(b)allow the holder of the licence an opportunity to make either oral or written submissions.

(3)Submissions under subsection (2) must be made within the period specified in the notice.

(4)In making a decision as to whether or not to cancel a tour operator licence, the land manager must—

(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and

(b)must notify the holder of the land manager's decision.

(5)The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given.

PART III—LICENCES

22Wildlife licences

(1)Subject to subsection (2), the Secretary may license a person to do all or any of the following—

(a)take or destroy wildlife (other than specified birds);

(b)buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process or display wildlife (other than specified birds).

(2)The Game Management Authority may license a person to do all or any of the following in respect of specified birds—

(a)take or destroy the birds;

(b)buy, sell, acquire, receive, dispose of, keep, possess, control, breed or display the birds.

(3)A licence—

(a)must be in a prescribed category; and

(b)is subject to any conditions, limitations and restrictions—

(i)that are prescribed; and

(ii)that the Secretary or the Game Management Authority (as appropriate) imposes on the licence or on that category of licence; and

(c)is subject to the condition that the holder of the licence must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the licence for the purpose of monitoring compliance with this Act, the regulations or the conditions of the licence.

(3A)If the regulations vary the conditions, limitations or restrictions on wildlife licences or a category of wildlife licences, the variation has effect, in relation to a wildlife licence in force at the time the regulation is made, upon the Secretary or the Game Management Authority (as appropriate) giving notice of the variation to the holder of the licence.

(4)A person seeking the issue of a licence must apply to the Secretary or the Game Management Authority (as appropriate) in the prescribed manner for a prescribed category of licence and must pay the appropriate prescribed fee with the application.

(5)A licence issued under this section does not authorise a person to take any wildlife from the wild or to destroy, buy, sell, dispose of, keep, possess, control, breed, process or display any wildlife taken from the wild unless the person is specifically authorised by the licence to do so.

(6)A person who holds a licence who contravenes subsection (5) or any condition, limitation or restriction of the licence is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

(7)In addition to any other penalty to which the holder of a licence is liable under this Act, a court before which the holder is convicted of an offence against subsection (6) may impose any additional condition, limitation or restriction on the licence that the court thinks fit.

22AGame licences

(1)The Game Management Authority may license a person to hunt, take or destroy game.

(2)A person seeking a game licence must apply to the Game Management Authority in the prescribed manner for the game licence and must lodge the prescribed fee with the application.

(3)The Game Management Authority may, subject to any conditions, limitations and restrictions that are prescribed or as the Authority thinks fit to impose, license any person to hunt, take or destroy any game.

(4)A game licence may be general in application or may be restricted as to the kinds or taxon of game which may be hunted, taken or destroyed or the area in which game may be hunted, taken or destroyed or the type of weapon which may be used to hunt, take or destroy game.

(4A)Despite anything to the contrary in any other Act, if the Game Management Authority thinks fit, a game licence is subject to the condition that the holder of the licence must take part in a ballot, in accordance with the regulations, in order to determine the entitlements of the holder to take game specified under that licence.

(4B)If the regulations vary the conditions, limitations or restrictions on game licences or a category of game licences, the variation has effect, in relation to a game licence in force at the time the regulation is made, upon the Game Management Authority giving notice of the variation to the holder of the licence.

(5)Subject to subsection (6), the Game Management Authority must grant any application for a game licence unless the Authority is satisfied that—

(a)the applicant is not a fit and proper person to hold the licence; or

(b)the applicant is not qualified under the regulations to hold the licence; or

(c)the issue of the licence would be deleterious to the conservation of any taxon or any kind of game; or

(d)the applicant is already the holder of a licence under this section; or

(e)the applicant has failed any prescribed test about the identification of that taxon of wildlife in respect of which the licence is to be issued.

(6)The Game Management Authority may refuse to grant any application for a game licence if the applicant has been found guilty of any offence against this Act.

(7)A game licence unless sooner cancelled or surrendered under this Act continues in force for any period up to 5 years that is specified in the licence.

(7A)The Game Management Authority must renew a licence upon application from the holder of the licence unless the Authority is satisfied that—

(a)any of the circumstances set out in subsection (5)(a), (b), (c) or (e) applies; or

(b)the applicant has been found guilty of an offence against this Act or the regulations; or

(c)the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

(7B)Upon application made in writing and upon payment of any additional prescribed fee, the Game Management Authority may vary any licence in force under this section in any respect and, as from the date of the variation, the licence is deemed to have been granted as so varied.

(7C)In considering an application under subsection (7B) the Game Management Authority may refuse to grant the application if the Authority is satisfied that any of the grounds set out in subsection (5)(a), (b), (c) or (e) applies.

(7D)A person who is not a natural person is not eligible to seek the issue of or to be granted a licence under this section.

(8)The holder of a game licence must not contravene any condition, limitation or restriction to which the licence is subject.

Penalty for an offence against this subsection: 10 penalty units.

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23Grant of wildlife licences may be refused in certain cases

(1)The Secretary may refuse to grant any application for a licence referred to in section 22 (except a licence in respect of specified birds) or to renew any such licence if the Secretary is satisfied that—

(a)the applicant is not a fit and proper person to hold the licence applied for;

(b)the premises specified in the application for grant or renewal as being the premises which is to house the wildlife in respect of which the licence is sought—

(i)are not suitable for housing the wildlife; or

(ii)are premises in respect of which a licence has already been issued; or

(iii)in the case of a private wildlife licence, are not premises at which the applicant resides;

(c)the issue of the licence would be deleterious to the welfare or conservation of any wild life or of any taxon of wildlife;

(d)the number of such licences in force ought to be limited; or

(e)the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or

(f)the applicant is already the holder of a wildlife licence; or

(g)the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

(1A)The Game Management Authority may refuse to grant any application for a licence referred to in section 22 in respect of specified birds or to renew a licence in respect of specified birds if the Authority is satisfied that—

(a)the applicant is not a fit and proper person to hold a licence in respect of specified birds; or

(b)the premises specified in the application for grant or renewal as being the premises which is to house the specified birds—

(i)are not suitable for housing specified birds; or

(ii)are premises in respect of which a licence has already been issued; or

(c)the issue of the licence would be deleterious to the welfare of specified birds; or

(d)the number of licences in force ought to be limited; or

(e)the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or

(f)the applicant is already a holder of a wildlife licence in respect of specified birds; or

(g)the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

(2)Upon application made in writing and upon payment of any additional prescribed fees the Secretary may vary a licence in force under section 22 (other than a licence in respect of specified birds) in any respect and as from the date of such variation the licence shall be deemed to have been granted as so varied.

(3)The Game Management Authority may vary a licence in respect of specified birds in force under section 22 in any respect—

(a)on an application made in writing by the holder of the licence; and

(b)on payment of any additional prescribed fees.

(4)On the date of variation of a licence in respect of specified birds under subsection (3), the licence is deemed to have been granted as varied.

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25Duration of licence

(1)Every licence referred to in section 22 shall, unless sooner cancelled, suspended or surrendered under this Act, remain in force for the period specified in the licence but not in any case exceeding three years.

(2)An application for the renewal of a wildlife licence must be—

(a)made in the prescribed manner; and

(b)made to—

(i)if the wildlife licence is in respect of specified birds, the Game Management Authority; or

(ii)in any other case, the Secretary.

(3)Every renewal shall be subject to such conditions, limitations, and restrictions as are prescribed or as the Secretary or the Game Management Authority (as appropriate) thinks fit and are expressed or referred to in the licence.

(4)The Secretary may vary a wildlife licence (other than a wildlife licence in respect of specified birds) at any time by notice in writing sent by post to the holder of the licence.

(5)The Game Management Authority may vary a wildlife licence in respect of specified birds at any time by notice in writing sent by post to the holder of the licence.

25AMandatory cancellation of certain licences by Secretary

(1)The Secretary must cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application.

(2)Before cancelling a licence under this section, the Secretary must—

(a)notify the holder in writing that it is proposed to cancel the licence; and

(b)allow the holder 14 days within which to make oral or written submissions about the proposal.

(3)In making a decision, the Secretary must—

(a)have regard to the submissions; and

(b)notify the holder of the decision.

(4)In addition to cancelling the licence, the Secretary may—

(a)cancel any other licence issued to that person under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence); and

(b)specify a time within which the person may not apply for another licence under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence).

25ABMandatory cancellation of certain licences by Game Management Authority

(1)The Game Management Authority must cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application.

(2)Before cancelling a licence under this section, the Game Management Authority must—

(a)notify the holder in writing that it is proposed to cancel the licence; and

(b)allow the holder 14 days within which to make oral or written submissions about the proposal.

(3)In making a decision, the Game Management Authority must—

(a)have regard to the submissions; and

(b)notify the holder of the decision.

(4)In addition to cancelling the licence, the Game Management Authority may—

(a)cancel any other game licence or wildlife licence in respect of specified birds issued to that person; and

(b)specify a time within which the person may not apply for another game licence or wildlife licence in respect of specified birds.

25BPower of Secretary to suspend certain licences

(1)The Secretary may suspend a wildlife licence (other than a wildlife licence in respect of specified birds), by notice in writing given to the holder of the licence, if the Secretary is satisfied, on reasonable grounds, that—

(a)the holder of the licence has been found guilty of an offence against this Act; or

(b)the holder of the licence has breached a condition of the licence.

(2)A suspension under this section has effect—

(a)from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and

(b)subject to section 25C, for the period (not exceeding 90 days) specified in the notice.

(3)The custody, care and management of any wildlife (other than specified birds) held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Secretary.

25BAPower of Game Management Authority to suspend certain licences

(1)The Game Management Authority may suspend a wildlife licence in respect of specified birds or a game licence, by notice in writing given to the holder of the licence, if the Authority is satisfied, on reasonable grounds, that—

(a)the holder of the licence has been found guilty of an offence against this Act; or

(b)the holder of the licence has breached a condition of the licence.

(2)A suspension under this section has effect—

(a)from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and

(b)subject to section 25C, for the period (not exceeding 90 days) specified in the notice.

(3)The custody, care and management of any specified birds held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Game Management Authority.

25CMaking submissions on suspension

(1)Immediately on suspending a licence under this Part, the Secretary or Game Management Authority (as appropriate) must allow the holder of the licence an opportunity to make written submissions.

(2)Submissions must be made within the period specified in the notice of suspension.

(3)On receiving any submissions under subsection (2), the Secretary or Game Management Authority (as appropriate) must review the decision to suspend the licence, and in doing so must have regard to the submissions and may decide—

(a)not to revoke or amend the suspension; or

(b)to revoke or amend the suspension.

(4)The Secretary or Game Management Authority (as appropriate) must notify the holder of the licence of the outcome of the review.

25DPower of Secretary to cancel certain licences

(1)The Secretary may cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied, on reasonable grounds, that—

(a)the holder of the licence has been found guilty of an offence against this Act; or

(b)the holder of the licence has breached a condition of the licence.

(2)Before cancelling a licence the Secretary must—

(a)notify the holder that he or she proposes to cancel the licence; and

(b)allow the holder of the licence an opportunity to make either oral or written submissions.

(3)Submissions under subsection (2) must be made within the period specified in the notice.

(4)In making a decision as to whether or not to cancel a licence, the Secretary must—

(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and

(b)must notify the holder of his or her decision.

(5)A cancellation under this section has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

(6)Any wildlife (other than specified birds) held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

25DA Power of the Game Management Authority to cancel certain licences

(1)The Game Management Authority may cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied, on reasonable grounds, that—

(a)the holder of the licence has been found guilty of an offence against this Act; or

(b)the holder of the licence has breached a condition of the licence.

(1A)In addition to cancelling a licence under subsection (1), the Game Management Authority may specify a time not exceeding 5 years within which the person may not apply for either a wildlife licence in respect of specified birds or a game licence.

(2)Before cancelling a licence the Game Management Authority must—

(a)notify the holder that the Authority proposes to cancel the licence; and

(ab)if the Authority proposes to specify a time within which the person may not apply for a wildlife licence in respect of specified birds, or a game licence, notify the holder that the Authority proposes to do so and of the proposed time; and

(b)allow the holder of the licence an opportunity to make either oral or written submissions.

(3)Submissions under subsection (2) must be made within the period specified in the notice.

(4)In making a decision as to whether or not to cancel a licence under subsection (1) or specify a time under subsection (1A), the Game Management Authority must—

(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and

96Tour operator licence offence

(1)In this section—

2009 Actmeans the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.

(2)A person who conducts an organised tour or recreational activity for profit on a State Wildlife Reserve without a tour operator licence on or after the commencement of section 42 of the 2009 Act, is not guilty of an offence under section 21A if the person applies for a tour operator licence within 4 months from the commencement of section 42 of the 2009 Act.

(3)Subsection (2) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.

97Transitional provision—Integrity and Accountability Legislation Amendment Act 2012

(1)If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 74P for the financial year ending before the commencement day, the Victorian Inspectorate must prepare and transmit that report.

(2)An inspection undertaken by the Special Investigations Monitor under section 74S in the 12 months ending immediately before the commencement day is taken, on and from that commencement day to be an inspection undertaken by the Victorian Inspectorate.

(3)In this section, commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.

98Transitional provision for wildlife licences in respect of specified birds—Game Management Authority Act 2014

(1)This section applies to a wildlife licence if—

(a)it is issued under section 22 by the Secretary in the prescribed category of Game Bird Farmer Licence; and

(b)it is in force immediately before the commencement day.

(2)On and after the commencement day, the wildlife licence is taken to be a wildlife licence issued by the Game Management Authority in respect of specified birds and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered.

(3)Any conditions, limitations and restrictions imposed on the wildlife licence by the Secretary that are in force immediately before the commencement day are, on and after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority.

(4)In this section—

commencement day means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;

Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.

99Transitional provision for wildlife licence applications—Game Management Authority Act 2014

(1)This section applies if, immediately before the commencement day—

(a)a person has applied for a licence under section 22 in the prescribed category of Game Bird Farmer Licence; and

(b)the Secretary has not determined the application.

(2)On and after the commencement day the Game Management Authority must determine the application as if the person had applied to the Game Management Authority for a licence under section 22 in respect of specified birds.

(3)For the purposes of this section, section 22 as in force immediately before the commencement day applies as if a reference to the Secretary were a reference to the Game Management Authority.

(4)In this section—

commencement day means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;

Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.

100Transitional provision for game licences—Game Management Authority Act 2014

(1)This section applies to a game licence if—

(a)it is issued under section 22A by the Secretary; and

(b)it is in force immediately before the commencement day.

(2)On and after the commencement day, the game licence is taken to be a game licence issued by the Game Management Authority and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered.

(3)Any conditions, limitations and restrictions imposed on the game licence by the Secretary that are in force immediately before the commencement day are, on and after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority.

(4)In this section—

commencement day means the day on which section 31 of the Game Management Authority Act 2014 comes into operation.

101Transitional provision for game licence applications—Game Management Authority Act 2014

(1)This section applies if, immediately before the commencement day—

(a)a person has applied to the Secretary for a game licence under section 22A; and

(b)the Secretary has not made a decision to grant or refuse the licence.

(2)On and after the commencement day the Game Management Authority must determine the application.

(3)In this section—

commencement day means the day on which section 31 of the Game Management Authority Act 2014 comes into operation.

102Transitional provision, mandatory cancellation of licence—Game Management Authority Act 2014

(1)This section applies if, before the commencement day, the Secretary—

(a)has, under section 25A(2), notified the holder of—

(i)a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or

(ii)a game licence—

that the Secretary proposes to cancel that licence; and

(b)has not made a decision in accordance with section 25A.

(2)On and after the commencement day, section 25A continues to apply as in force immediately before that day until the Secretary makes a decision under that section and notifies the licence holder of that decision.

(3)A decision made by the Secretary on or after the commencement day under section 25A as in force immediately before that day, is taken to be a decision made by the Game Management Authority.

(4)In this section—

commencement day means the day on which section 34 of the Game Management Authority Act 2014 comes into operation;

Game Bird Farmer Licence means a Game Bird Farm Licence within the meaning of the Wildlife Regulations 2013.

103Transitional provision, submissions on suspension of licence—Game Management Authority Act 2014

(1)This section applies if, immediately before the commencement day—

(a)the Secretary has, under Part III, suspended a wildlife licence issued in the prescribed category of Game Bird Farmer Licence or a game licence and allowed the holder of that licence to make written submissions in relation to that suspension under section 25C; and

(b)the licence holder—

(i)has made submissions; or

(ii)has not made submissions but the period for making submissions has not expired.

(2)On and after the commencement day, section 25C continues to apply as in force immediately before that day until the Secretary reviews the decision to suspend the licence and notifies the licence holder of that decision.

(3)A decision made by the Secretary on or after the commencement day under section 25C, as in force immediately before that day, is taken to be a decision made by the Game Management Authority.

(4)In this section—

commencement day means the day on which section 38 of the Game Management Authority Act 2014 comes into operation;

Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.

104Transitional provision, power to cancel licence—Game Management Authority Act 2014

(1)This section applies if, before the commencement day, the Secretary—

(a)under section 25D(2), has notified the holder of—

(i)a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or

(ii)a game licence—

that the Secretary proposes to cancel that licence; and

(b)has not made a decision in accordance with section 25D.

(2)On and after the commencement day, section 25D continues to apply as in force immediately before that day until the Secretary makes a decision under that section and notifies the holder of the licence of that decision.

(3)A decision made by the Secretary on or after the commencement day under section 25D as in force immediately before that day, is taken to be a decision made by the Game Management Authority.

(4)In this section—

commencement day means the day on which section 39 of the Game Management Authority Act 2014 comes into operation;

Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.

105Transitional provision, review of decisions—Game Management Authority Act 2014

(1)This section applies if, immediately before the commencement day, an application has been made for review of any of the following decisions of the Secretary under section 86C to VCAT and the matter is pending—

(a)a refusal to grant or renew—

(i)a licence under section 22 in the prescribed category of Game Bird Farmer Licence; or

(ii)a game licence;

(b)a suspension or cancellation of—

(i)a licence under section 22 in the prescribed category of Game Bird Farmer Licence; or

(ii)a game licence;

(c)a failure of the Secretary to make a decision specified in paragraph (a) or (b) within a reasonable time.

(2)Subject to this section, on the commencement day, the Secretary continues to be the decision-maker for the purposes of the review until VCAT determines the matter.

(3)For the purposes of subsection (2), this Act applies as in force immediately before the commencement day.

(4)If, after the review is conducted, VCAT by order—

(a)affirms the decision of the decision-maker; or

(b)varies the decision of the decision-maker; or

(c)sets the decision of the decision-maker aside and makes another decision—

that affirmed, varied or substituted decision is taken to be a decision of the Game Management Authority.

(5)If, after the review is conducted, VCAT by order sets aside the decision of the decision-maker and remits the matter for reconsideration by the decision-maker in accordance with any directions or recommendations of VCAT, the Game Management Authority is taken to be the decision-maker and must consider the matter in accordance with the directions or recommendations of VCAT.

(6)In this section—

commencement day means the day on which section 30 of the Game Management Authority Act 2014 comes into operation;

decision-maker has the same meaning as it has in the Victorian Civil and Administrative Tribunal Act 1998;

Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013.

106Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

(1)A licence granted under section 16(2)(a) for a purpose relating to apiculture and in force immediately before the commencement of section 36 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force subject to its terms and conditions on and after that commencement until the earliest of the following occurs—

(a)the licence expires;

(b)the licence is cancelled;

(c)a bee site licence is granted under section 142 of the Land Act 1958 to the holder of the licence granted under section 16(2)(a) in respect of more or less the same land.

(2)A licence referred to in subsection (1) is taken to be granted for a purpose relating to apiculture if it permits the licensee—

(a)to keep bee hives on the licensed land; or

(b)to enable the licensee's bees to forage over the licensed land for nectar or pollen.

107Transitional provision, advisory committee—Primary Industries Legislation Amendment Act 2016

Any advisory committee established under section 86A(5) immediately before the commencement of section 26 of the Primary Industries Legislation Amendment Act 2016 is abolished and its members go out of office on the commencement of that section 26.

SCHEDULE

Section 3(1)

Specified birds

Column 1

Item Number

Column 2

Birds

1

Pheasant—all taxa  Phasianus spp

2

Partridge—all taxa  Perdix spp.
  Alectoris spp.

3

European Quail  Coturnix coturnix

4

Japanese Quail  Coturnix japonica

5

California Quail  Callipepla (Lophortyx)   californica

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Wildlife Act 1975 was assented to on 16 May 1975 and came into operation as follows:

Sections 1, 3–13, 16–19, 29–33, 36–40, 48–52, 57, 59–64, 66, 67, 75 and 76 on 13 August 1975: Government Gazette 13.8.75 p. 2925;

Sections 46, 47, 53, 55, 58, 65, 68–70 on 7 December 1976: Government Gazette 8.12.76 p. 3489;

Sections 2, 14, 15, 20–28, 34, 35, 41–45, 54, 56, 71–74 on 31 May 1980: Government Gazette 16.4.80 p. 1098.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Wildlife Act 1975 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Crown Land Reserves Act 1978, No. 9212/1978

Assent Date:	19.12.78
Commencement Date:	1.3.79: Government Gazette 21.2.79 p. 441
CurrentState:	All of Act in operation

Protection of Animals (Amendment) Act 1980, No. 9412/1980

Assent Date:	20.5.80
Commencement Date:	1.7.80: Government Gazette 25.6.80 p. 2122
CurrentState:	All of Act in operation

Wildlife (Amendment) Act 1980, No. 9505/1980 (as amended by No. 9549 (as amended by No. 9902))

Assent Date:	23.12.80
Commencement Date:	7.1.81: Government Gazette 7.1.81 p. 17
CurrentState:	All of Act in operation

Statute Law Revision Act 1981, No. 9545/1981

Assent Date:	19.5.81
Commencement Date:	19.5.81: subject to s. 2(2)
CurrentState:	All of Act in operation

Wildlife (Licences) Act 1981, No. 9578/1981

Assent Date:	29.9.81
Commencement Date:	29.9.81
CurrentState:	All of Act in operation

Wildlife (Fees) Act 1981, No. 9643/1981

Assent Date:	15.12.81
Commencement Date:	10.3.82: Government Gazette 10.3.82 p. 671
CurrentState:	All of Act in operation

Wildlife (Protection of Whales) Act 1981, No. 9694/1981 (as amended by Nos 9861, 10087)

Assent Date:	5.1.82
Commencement Date:	30.4.83: Government Gazette 27.4.83 p. 945
CurrentState:	All of Act in operation

Wildlife (Fees) Act 1982, No. 9851/1982

Assent Date:	5.1.83
Commencement Date:	10.3.83: s. 1(3)
CurrentState:	All of Act in operation

Public Account (Trust Funds) Act 1982, No. 9861/1982

Assent Date:	5.1.83
Commencement Date:	12.1.83: Government Gazette 21.1.83 p. 81
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Prevention of Cruelty to Animals Act 1986, No. 46/1986

Assent Date:	20.5.86
Commencement Date:	S. 5(1) on 4.3.87: Government Gazette 7.1.87 p. 5
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 items 76.1–76.84) on 1.7.87: Government Gazette 24.6.87 p. 1694
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

National Parks and Wildlife (Amendment) Act 1988, No. 7/1988 (as amended by No. 90/1989)

Assent Date:	19.4.88
Commencement Date:	Ss 8, 9 on 21.6.88: Special Gazette (No. 52) 21.6.88 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Flora and Fauna Guarantee Act 1988, No. 47/1988

Assent Date:	24.5.88
Commencement Date:	Ss 1–4, 8, 11, 69 on 24.5.88: s. 2(1); rest of Act on 25.9.88: Special Gazette (No. 81) 25.9.88 p. 1
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 item 134.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Prescribed Weapons Act 1989, No. 39/1989 (as amended by No. 24/1990)

Assent Date:	6.6.89
Commencement Date:	1.9.89: Government Gazette 30.8.89 p. 2210
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Conservation, Forests and Lands Acts (Amendment) Act 1989, No. 90/1989

Assent Date:	5.12.89
Commencement Date:	Ss 16, 17 on 5.12.89: s. 2(1); ss 11–14, 18(1) on 3.10.90: Special Gazette (No. 47) 3.10.90 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Wildlife (Amendment) Act 1990, No. 70/1990

Assent Date:	4.12.90
Commencement Date:	S. 12 on 25.9.91: Government Gazette 25.9.91 p. 2650; rest of Act (except s. 6(3)–(5)) on 1.7.92: Government Gazette 1.7.92 p. 1629; s. 6(3)–(5) on 28.2.02: Government Gazette 28.2.02 p. 318
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 33) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(1)(Sch. 1 item 65) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 items 36.1–36.4) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Impounding of Livestock Act 1994, No. 89/1994

Assent Date:	6.12.94
Commencement Date:	6.12.94
CurrentState:	All of Act in operation

Fisheries Act 1995, No. 92/1995

Assent Date:	5.12.95
Commencement Date:	S. 163 on 25.1.96: Government Gazette 25.1.96 p. 148; s. 161(Sch. 2 item 5) on 1.4.98: Government Gazette 26.2.98 p. 418
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Zoological Parks and Gardens Act 1995, No. 106/1995

Assent Date:	5.12.95
Commencement Date:	Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 89) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Firearms Act 1996, No. 66/1996

Assent Date:	17.12.96
Commencement Date:	Ss 207–208 on 29.4.97: Government Gazette 24.4.97 p. 921
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Wildlife (Amendment) Act 1997, No. 87/1997

Assent Date:	2.12.97
Commencement Date:	Ss 1, 2 on 2.12.97: s. 2(1); ss 30–38, 40 on 18.12.97: Government Gazette 18.12.97 p. 3613; rest of Act on 21.3.98: Government Gazette 12.3.98 p. 520
CurrentState:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 107) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Wildlife (Amendment) Act 2002, No. 3/2002

Assent Date:	26.3.02
Commencement Date:	Ss 3–19 on 1.11.02: Government Gazette 31.10.02 p. 2906
CurrentState:	All of Act in operation

Control of Weapons and Firearms Acts (Search Powers) Act 2003, No. 9/2003

Assent Date:	6.5.03
Commencement Date:	Ss 16–17 on 5.10.03: Government Gazette 2.10.03 p. 2538
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Crimes (Controlled Operations) Act 2004, No. 16/2004 (as amended by Nos 87/2005, 45/2008)

Assent Date:	18.5.04
Commencement Date:	Ss 50, 51 on 2.11.08: Government Gazette 30.10.08 p. 2530
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 235) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 27) on 28.4.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 118) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 34) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Wildlife Amendment (Marine Mammals) Act 2008, No. 45/2008

Assent Date:	26.8.08
Commencement Date:	Ss 3(2), 4–21, 23, 24, 31–34 on 27.8.08: s. 2(1); ss 3(1), 22, 25–30 on 1.12.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Crown Land Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009

Assent Date:	5.8.09
Commencement Date:	Ss 41–46 on 1.7.11: s. 2(3)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 135) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	S. 41 on 1.1.10: Government Gazette 17.12.09 p. 3338
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Transport Integration Act 2010, No. 6/2010

Assent Date:	2.3.10
Commencement Date:	S. 25(5)(Sch. 2 item 14) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Crimes Legislation Amendment Act 2010, No. 7/2010

Assent Date:	16.3.10
Commencement Date:	Ss 15–17 on 17.3.10: s. 2
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 132–136 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Marine Safety Act 2010, No. 65/2010 (as amended by No. 29/2011)

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 17) on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 37) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 109) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Forests Amendment Act 2012, No. 46/2012

Assent Date:	21.8.12
Commencement Date:	S. 23 on 1.9.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 142–146 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Traditional Owner Settlement Amendment Act 2013, No. 4/2013

Assent Date:	19.2.13
Commencement Date:	S. 35 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Sustainable Forests (Timber) and Wildlife Amendment Act 2014, No. 11/2014

Assent Date:	25.2.14
Commencement Date:	Ss 17–26 on 14.3.14: Special Gazette (No. 72) 11.3.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 110) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Game Management Authority Act 2014, No. 24/2014

Assent Date:	8.4.14
Commencement Date:	Ss 28–76 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015)

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 184) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 22) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Water Amendment (Flood Mitigation) Act 2014, No. 53/2014

Assent Date:	12.8.14
Commencement Date:	Ss 14, 15 on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 52) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 67) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	S. 40 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 36, 37 on 1.12.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Primary Industries Legislation Amendment Act 2016, No. 48/2016

Assent Date:	6.9.16
Commencement Date:	Ss 20, 21, 23, 25–27 on 1.12.16: Special Gazette (No. 368) 29.11.16 p. 1; ss 22, 24 on 1.3.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 36 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 174 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 63 on 30.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 97, 98 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 139) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 34, 35 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 223–243 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 99 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 54 on 1.6.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:	6.11.19
Commencement Date:	S. 96 on 1.2.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 116, 117 on 1.12.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	S. 115 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 143–149 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wildlife Act 1975

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 15) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date:	15.6.22
Commencement Date:	Ss 194, 195 on 1.1.23: Special Gazette (No. 506) 27.9.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 34) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 43) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Wildlife Act 1975

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 17(2) (original): Section 4(3)(Sch. item (4)) of the Prescribed Weapons Act 1989, No. 39/1989, substituted the words "Firearms Act 1958" with the words "Firearms and Other Weapons Act 1958" in the original section 17(2).  This amendment was in operation from 1 September 1989 until the repeal of the Prescribed Weapons Act 1989 by section 13(1) of the Control of Weapons Act 1990, No. 24/1990, on 31 August 1990.

Section 13(2) of the Control of Weapons Act 1990, No. 24/1990, reads as follows:

13Repeals and savings

(2)The amendments made to any other Act by the Prescribed Weapons Act 1989 cease to have effect on the day on which subsection (1) comes into operation and on and after that day any Act amended by the Prescribed Weapons Act 1989 has effect as if the Prescribed Weapons Act 1989 had not been enacted except for the purposes of paragraphs (c) to (g) of section 14(2) of the Interpretation of Legislation Act 1984.