Wildlife Conservation Amendment Regulations 1992 (WA)

4970 GOVERNMENT GAZETTE, WA [9 October 1992

Regulations 1992.

CONSERVATION AND LAND MANAGEMENT

CM301

WILDLIFE CONSERVATION ACT 1950

WILDLIFE CONSERVATION AMENDMENT REGULATIONS 1992

Made by His Excellency the Lieutenant-Governor and Administrator in

Executive Council.

Citation

1. These regulations may be cited as the Wildlife Conservation Amendment

9 October 19921 GOVERNMENT GAZETTE, WA 4971

Principal regulations

2. In these regulations the Wildlife Conservation Regulations 1970* are referred to as the principal regulations.

Reprinted as at 30 Janua.'y 1992.1

Regulation 3 amended

3.      Regulation 3 of the principal regulations is amended

(a) in the definition of "direct dealer" by deleting "kangaroos from any person or persons licensed under regulation 5 or 6;" and substituting the following -

it

fauna from persons licensed under regulation 5, 6 or

14; ";

and

(b) in the definition of "fauna farm licence" by deleting "to authorize the holder to farm and breed fauna for commercial display or for sale".

Regulation 5 amended

4. Regulation 5 (4) of the principal regulations is amended by deleting "The"

and substituting the following -

Unless exempted from this regulation by the licence, the

Regulation 12A amended

5.      Regulation 12A(7) of the principal regulations is amended in paragraph (b)

by deleting "holder and" and substituting the following -

holder;

Regulations 21 and 22 repealed

6. Regulations 21 and 22 of the principal regulations are repealed.

Regulation 45 amended

7. Regulation 45 (2) of the principal regulations is repealed.

Regulation 46 amended

8. Regulation 46 of the principal regulations is amended in paragraph (,j) by deleting ", except that a licensed shotgun may be used on a game reserve in the manner prescribed in these regulations"

Regulation 49 repealed

9. Regulation 49 of the principal regulations is repealed.

Regulation 54 amended

10.      Regulation 54 of the principal regulations is amended -

(a) in subreulation (1) by deleting paragraphs (a), (b) and (c) and
substituting the following paragraphs -

(a) Subject to paragraph (b), any firearm, weapon or instrument is an illegal device when used to take any fauna.

4972 GOVERNMENT GAZETTE, WA [9 October 1992

(b) A firearm, weapon or instrument is not an illegal	device when used to take fauna if its use is authorized
by -

(i)      a licence issued under the Act or these regulations; or

(ii)     a notice published under section 14 of the

Act. ";

(b)	by repealing subregulation (2);
(c)	substituting the following -

in subregulation (3) by deleting "declared to be a game species." and

unless its use is authorized by a licence issued under

the Act or these regulations.

(d) by inserting after subregulation (3) the following subregulation -

(hill kangaroo or biggada) (Macropus robustus), or red western grey kangaroo (Macropus fuliginosus), euro	(3a) In subregulation (3), "fauna" does not include
kangaroo (marloo) (Macropus rufus), when taken in	accordance with a notice published under section 14 of
the Act.

by repealing subregulation (4) and substituting the following

(e) subregulation -

(4) The use of any motor vehicle, boat, aircraft or other thing is an illegal means of taking fauna, when used to drive any fauna in front of or over shooters, unless its use is authorized by -

(i)      a licence issued under the Act or these regulations; or

(ii)     a notice published under section 14 of the

Act.

and

(0	by repealing subregulations (6), (7), (8), (9) and (10) and substituting the following subregulations -
it

illegal devices when used to take any fauna - (6) Subject to subregulation (7), the following are

(a) a snare likely to throttle, or cause suffering

to, ensnared animals;

a trap likely to cause suffering to trapped

(b)	animals;
(c)	a mist net or other net.

used in the following manner - (7) The following devices are not illegal devices if

traps or similar devices, if used to take

(a) fauna declared to be not protected by notice

published under section 14 of the Act;

(b)	a net, snare or trap when being lawfully
used under another written law, which results in the accidental taking of fauna.

is an illegal means of taking fauna. (8) Subject to subreulation (9), use of an animal

9 October 1992]	GOVERNMENT GAZETTE, WA	4973
(9) The use of an animal is not an illegal means of

taking fauna if used to take fauna —

(a)	which has been declared to be not protected by notice published under section 14 of the Act; or
(b)	under a licence issued under the Act or these regulations, if that licence permits the use of animals.

explosive, poisonous, noxious or narcotizing substance (10) Subject to subregulation (11), the use of any

is an illegal means of taking fauna.

narcotizing substance is not an illegal means of taking (11) The use of an explosive, poisonous, noxious or

fauna if —

(a)	the fauna taken by this means has been declared to be not protected by notice published under section 14 of the Act;
(b)	its use is authorized by a notice published under section 14 of the Act; or
(c)	used to take fauna under a licence issued
under the Act or these regulations, if that I I

licence permits the use of that substance.

Part 10 repealed

11.     Part 10 of the principal regulations is repealed.

Regulation 61 amended

12.      Regulation 61 (4) of the principal regulations is amended by inserting after

"fauna," following —

It

flora,

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.