Wildlife (Game) Amendment Regulations 2020 (Vic)

Wildlife (Game) Amendment Regulations 2020

S.R. No. 148/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5New regulation 5A inserted

═════════════

Endnotes

STATUTORY RULES 2020

S.R. No. 148/2020

Wildlife Act 1975

Wildlife (Game) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 22 December 2020

Responsible Minister:

JACLYN SYMES
Minister for Agriculture

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Wildlife (Game) Regulations 2012 to provide that members of a traditional owner group acting in accordance with an agreement under Part 6 of the Traditional Owner Settlement Act 2010 are exempt from the operation of those Regulations in certain circumstances.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2021.

4Definitions

In regulation 5 of the Wildlife (Game) Regulations 2012[1] insert the following definitions—

"agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

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

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

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

5New regulation 5A inserted

After regulation 5 of the Wildlife (Game) Regulations 2012 insert—

"5A   Application of these Regulations to traditional owner groups

(1)If a traditional owner group entity has entered into a traditional owner group agreement, any of these regulations (other than a regulation specified in subregulation (2)) that provide for an offence to carry out an agreed activity under that agreement do not apply to a member of a traditional owner group—

(a)who is bound by the agreement; and

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

(2)For the purpose of subregulation (1), the following regulations are specified—

(a)regulation 32;

(b)regulation 33;

(c)regulation 36;

(d)regulation 41;

(e)regulation 45;

(f)regulation 47;

(g)regulation 49;

(h)regulation 50.".

═════════════

Endnotes

[1] Reg. 4: S.R. No. 99/2012 as amended by S.R. Nos 161/2012, 53/2014, 2/2018 and 19/2018.