Wildlife Further Amendment Regulations 2014 (Vic)

Wildlife Further Amendment Regulations 2014

S.R. No. 155/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Taking of wildlife

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 155/2014

Wildlife Act 1975

Wildlife Further Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 7 October 2014

Responsible Minister:

RYAN SMITH
Minister for Environment and Climate Change

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Wildlife Regulations 2013 to permit certain hunting methods to be used by a person acting under and in accordance with an authorisation order under section 83 of the Traditional Owner Settlement Act 2010.

2Authorising provision

These Regulations are made under section 87 of the Wildlife Act 1975.

3Principal Regulations

In these Regulations, the Wildlife Regulations 2013[1] are called the Principal Regulations.

4Taking of wildlife

(1)In regulation 41(1) of the Principal Regulations, after "subregulation (6)" insert "or (6A)".

(2)In regulation 41(2) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6B)".

(3)In regulation 41(4) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6C)".

(4)In regulation 41(5) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6D)".

(5)After regulation 41(6) of the Principal Regulations insert—

"(6A)A person does not commit an offence under subregulation (1) in circumstances where—

(a)the person is using a trap, non-poisonous bait, lure or decoy to attract wildlife for the purpose of taking that wildlife; and

(b)the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and

(c)the use of that trap, non-poisonous bait, lure or decoy is not prohibited under that authorisation order.

(6B)A person does not commit an offence under subregulation (2) in circumstances where—

(a)the person is using a firearm from a boat that is operating at a speed of 5 knots or less to take wildlife; and

(b)the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and

(c)the use of that firearm is not prohibited under that authorisation order.

(6C)A person does not commit an offence under subregulation (4) in circumstances where—

(a)the person is using an artificial light, electronic device or recorded sound to hunt or take wildlife; and

(b)the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and

(c)the use of that artificial light, electronic device or recorded sound is not prohibited under that authorisation order.

(6D)A person does not commit an offence under subregulation (5) in circumstances where—

(a)the person is using a gun, bow or other weapon for the purpose of taking wildlife; and

(b)the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and

(c)the use of that gun, bow or other weapon is not prohibited under that authorisation order.".

(6)For regulation 41(7) of the Principal Regulations substitute—

"(7)In this regulation—

non-poisonous bait means bait that is not impregnated with any poison;

wildlife does not include game.".

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ENDNOTES

[1] Reg. 3: S.R. No. 64/2013 as amended by S.R. No. 75/2014.