Wildlife (Game) (Deer Amendment) Regulations 2001 (Vic)

Wildlife (Game) (Deer Amendment) Regulations

2001

S.R. No. 25/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Definitions	2
6.	Insertion of new regulation 12A	4

12A. Fee for ballot 4

7. Insertion of new regulation 12B 4

12B.	Condition of Game Licences allowing the hunting or
taking of Sambar Deer with scent-trailing hounds 4

8. Use of dogs in recognised deer habitat 6

19A. Use of dogs in recognised deer habitat 6

9.	Use of hounds for hunting deer	6
10.	Substitution of regulation 21	7

21. Use of spotlights or electronic devices for hunting 7

11.	Close and open seasons for Sambar Deer	9
12.	Schedule of recognised habitats	9

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ENDNOTES 11

i

STATUTORY RULES 2001

S.R. No. 25/2001

Wildlife Act 1975

Wildlife (Game) (Deer Amendment) Regulations

2001

The Governor in Council makes the following Regulations:
Dated: 27 March 2001

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a)	to further regulate the use of spotlights and electronic devices in hunting game; and
(b)	to further regulate the open and close seasons for deer; and
(c)	to make further provision for the management of hunting with the use of scent-trailing hounds; and
(d)	to make other minor amendments to the Wildlife (Game) Regulations 1990.

2. Authorising provision

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

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3. Commencement

(1) These Regulations, except for regulations 7 and 11, come into operation on 29 March 2001.

(2) Regulations 7 and 11 come into operation on

28 April 2001.

4. Principal Regulations

In these Regulations the Wildlife (Game) Regulations 19901 are called the Principal Regulations.

5. Definitions

In Regulation 5 of the Principal Regulations—

(a) insert the following definitions—
' "established pest animal" has the same

meaning as in the Catchment and

Land Protection Act 1994;

"park" has the same meaning as in the

National Parks Act 1975;

"recognised deer habitat" means an area

referred to in the Eighth Schedule;

"regulated spotlight" means a spotlight that

is not—

(a)	an artificial light with a power source of 4·5 volts or less; or
(b)	a domestic or emergency source of light; or
(c)	a light on a motor vehicle fixed in accordance with the Road Safety Act 1986;

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"secured" in relation to a firearm, magazine or ammunition in a vehicle means—

(a) in the case of a vehicle with a boot or storage area (other than a glove box), being in a closed case or

container locked in the boot or storage area of the vehicle; or

(b)	in the case of a vehicle without a boot or other storage area (other than a glove box), being in a
closed case or container stowed in a part of the vehicle not readily accessible by any occupant of the vehicle;

"spotlight" means any of the following—

(a) a source of artificial light;
(b) an infrared device;

(c) a night viewing device;';

(b)

for the definition of "possession" ' "possession" in relation to shot, a firearm

or a spotlight includes any of the

following—

(a)	physical possession of the shot, firearm or spotlight;
(b)	custody or control of the shot, firearm or spotlight;
(c)

access to the shot, firearm or common with others;'.

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6. Insertion of new regulation 12A

After regulation 12 of the Principal Regulations insert—

"12A. Fee for ballot

Where a Game Licence holder is required to take part in a ballot, the Game Licence holder must pay a fee not exceeding $50.00.".

7. Insertion of new regulation 12B

After regulation 12A of the Principal Regulations insert—

"12B. Condition of Game Licences allowing the

hunting or taking of Sambar Deer with

scent-trailing hounds

(1) For the purposes of section 22A(3) of the

Act, a Game Licence which allows a person to hunt or take Sambar Deer with the use of a scent-trailing hound is subject to the condition that the person must not hunt or take Sambar Deer with the use of a scent- trailing hound unless—

(a) if the person is—

(i)  hunting alone, the person is using, at the time of hunting, no more than 5 scent-trailing hounds; or

(ii)  hunting in a team, the team is using, at the time of hunting, no more than 5 scent-trailing hounds; and

(b) the person completes a log prior to the commencement of the hunt recording all of the following—

(i) the person's name and signature;

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(ii) the date of the hunt;

(iii)	the person's Game Licence number;
(iv)	the nearest crossroad to the area in which the person will commence the hunt;
(v)	the registration number of each of the dogs with which he or she proposes to hunt; and

(c)	where the person is hunting in a team, the person records the details required under paragraph (b) together with the similar details recorded by each other member of the hunting team; and
(d)	the person has, during the hunt, on his or her person a copy or an original of—

(i)

where the person is hunting alone, paragraph (b); or

(ii)  where the person is hunting in a team, the details required under paragraph (b) for that person

together with the details required under paragraph (b) for all other members of the team; and

(e) the person ensures that the details the person is required, under paragraph (d), to have on his or her person are—

(i) accurate and legible; and

(ii) not altered, after the
commencement of the hunt; and

(iii) not defaced.

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(2) For the purposes of section 22A(3) of the

Act, a Game Licence which allows a person to hunt or take Sambar Deer with the use of a scent-trailing hound is subject to the following conditions—

(a) details that the person is required, under

that the person must ensure that any her person are made available for inspection by an authorised officer, upon the person receiving a request from the authorised officer to do so; and

(b) that the person must ensure that any details that the person is required, under sub-regulation (1)(d), to have on his or her person are retained until the last day in December following the end of the open season in which the hunt to which the details relate has taken place.".

8. Use of dogs in recognised deer habitat

After regulation 19 of the Principal Regulations insert—

"19A. Use of dogs in recognised deer habitat

(1) A person who is hunting on public land in

recognised deer habitat must not have in his
or her care or control a dog (that is not a
registered scent-trailing hound or gundog)
unless the dog is restrained or confined.

Penalty: 10 penalty units.

(2) Sub-regulation (1) does not apply to a person who has the approval in writing of the care or control.".

9. Use of hounds for hunting deer

Wildlife (Game) (Deer Amendment) Regulations 2001

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After regulation 20(2) of the Principal Regulations
insert—

'(2A) If a scent-trailing hound is found—

(a)	on private property without the permission of the owner or occupier; or
(b)	in a park, other than in accordance with the National Parks Act 1975—

the owner of the scent-trailing hound and the
possessor of the scent-trailing hound (if the
possessor of the hound is not the owner) are
guilty of an offence and liable to a penalty of

not more than 20 penalty units.

(2B) For the purposes of sub-regulation (2A),

"possessor" in relation to a scent-trailing
hound, means the person who keeps or
harbours the hound or has the hound in his or
her care for the time being, whether the
hound is at large, is restrained or is in

confinement.'.

10. Substitution of regulation 21

For regulation 21 of the Principal Regulations
substitute—

"21. Use of spotlights or electronic devices for

hunting

(1) A person must not use any of the following

to hunt game—

(a) a spotlight;

(b) an electronic device (that is not a dot sight that does not project a beam);

(c) a recorded sound.

Penalty: 20 penalty units.

(2) A person must not—

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(a)	be in possession of a regulated spotlight and a firearm; or
(b)	be in possession of a regulated spotlight and be in company with a person in possession of a firearm; or
(c)	be in possession of a firearm and be in company with a person in possession of a regulated spotlight—

in a recognised deer habitat between the
hours of sunset and sunrise.

Penalty: 20 penalty units.

(3) Sub-regulation (2) does not apply to a

person—

(a)	if the person is in the process of controlling established pest animals within 500 metres of freehold land which is owned or occupied by that person or a person for whom that person acts as agent; or
(b)	if the person is in the company of a person to whom paragraph (a) applies; or
(c)	if the person is the holder of an authorisation under section 28A of the Act and is acting in accordance with that authorisation; or
(d)	in the case of a person who is in a vehicle in which there is a firearm, a magazine or ammunition if—

(i)  any such firearm is unloaded and secured; and

(ii)  any such magazine is unloaded and secured; and

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(iii)	any such ammunition is secured; and
(iv)	any regulated spotlight in or on the vehicle is not in use.".

11. Close and open seasons for Sambar Deer

(1) In Part 1 of the Second Schedule to the Principal

Regulations, at the end of the Part insert—

"Sambar Deer	Cervus	When taken or hunted
unicolor	with scent-trailing hounds, from 30 minutes after sunset on the last day of November in each year to 30 minutes before sunrise on the second Saturday after Easter Sunday in the next year following.".

(2) In Part 1 of the Third Schedule to the Principal

Regulations, for—

"Sambar Deer	Cervus	For the whole of each
unicolor	year.";
substitute—
"Sambar Deer	Cervus	When not taken or
unicolor	hunted with scent- trailing hounds, for the whole of the year. When taken or hunted with scent-trailing hounds, from 30 minutes before sunrise on the second Saturday after Easter Sunday until 30 minutes after sunset on the last day of November in each year.".

12. Schedule of recognised habitats

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After the Seventh Schedule to the Principal

Regulations insert—

"EIGHTH SCHEDULE

Regulation 5

RECOGNISED DEER HABITAT

All Crown land in the following Municipalities—

Alpine
Ararat Rural City
Baw Baw
Cardinia
Colac-Otway
Corangamite
Delatite
East Gippsland
Glenelg
Horsham Rural City
Murrindindi
Pyrenees
Rural City of Wangaratta
South Gippsland
Southern Grampians
Strathbogie
Towong
Wellington
Whittlesea City

Yarra Ranges.".

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Wildlife (Game) (Deer Amendment) Regulations 2001

Endnotes	S.	R. No. 25/2001
ENDNOTES

1 Reg. 4: S.R. No. 254/1990. Reprint No. 2 as at 12 February 1998.

Reprinted to S.R. No. 98/1996 and subsequently amended by S.R. Nos
20/1998 and 10/2000.