Wildlife (Game) (Human Safety) Regulations 1996 (Vic)

Wildlife (Game) (Human Safety) Regulations 1996

S.R. No. 15/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Principal Regulations	2
4.	Revocations	2
5.	Amendment of objectives in Principal Regulations	2
6.	Definitions	2
7.	New Part 6 inserted	2
PART 6—CONDUCT DURING OPEN SEASON FOR
DUCK	3
41. Entry to permitted hunting area prohibited to certain persons	3
42. Proximity of persons to hunters restricted in permitted

hunting areas	3
43. Application of Regulations	5
44. Authority to enter into permitted hunting area	5

8.	New Schedule inserted	6
FIFTH SCHEDULE	6
9.	Amendment to Conservation, Forests and Lands (Infringement
Notice) Regulations 1992	8

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NOTES 11

i

STATUTORY RULES 1996

S.R. No. 15/1996

Wildlife Act 1975

Conservation, Forests and Lands Act 1987

Wildlife (Game) (Human Safety) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 27 February 1996

Responsible Minister:

C. G. COLEMAN

Minister for Natural Resources

KATHY WILSON

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to—

(a) ensure a greater degree of safety of persons in hunting areas during the open season for duck; and

(b) add further offences to the Schedule of

offences in the Conservation, Forests and Lands (Infringement Notice) Regulations 1992.

2. Authorising provisions

These Regulations are made under section 87 of the Wildlife Act 1975 and sections 91 and 99 of the Conservation, Forests and Lands Act 1987.

Wildlife (Game) (Human Safety) Regulations 1996

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3. Principal Regulations

In these Regulations, the 1Wildlife (Game)
Regulations 1990 are called the Principal

Regulations.

4. Revocations

The 2Wildlife (Game) (Hunting Season)
Regulations 1993 and the 3Wildlife (Game)

(Hunting Season) Regulations 1994 are revoked.

5. Amendment of objectives in Principal Regulations

In regulation 4 of the Principal Regulations, for
paragraph (c), substitute—

"(c) provide further regulations for the

management of game; and

(d) provide for improved human safety during the open season for game.".

6. Definitions

After the definition of "open season" in
regulation 5 of the Principal Regulations insert—

' "permitted hunting area" means—

(a)	the waters of any State Game Reserve and the land within 5 metres of the water shoreline of those waters; or
(b)	the waters of the hunting areas described in the Fifth Schedule and the land within 5 metres of the water shoreline of those waters;'.

7. New Part 6 inserted

After regulation 40 of the Principal Regulations insert—

Wildlife (Game) (Human Safety) Regulations 1996

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r. 7

S.R. No. 15/1996

"PART 6—CONDUCT DURING OPEN SEASON

FOR DUCK

41.  Entry to permitted hunting area prohibited to certain persons

(1) A person must not enter into or upon any

permitted hunting area at any time between

the hours of—

(a)	5 pm on the last Friday before the commencement of the open season for ducks and 10.00 am on the first Saturday of the open season for ducks in each year; or
(b)	5 pm on the first Saturday of the open season for ducks and 10.00 am on the first Sunday of the open season for

ducks in each year.

Penalty: 10 penalty units.

(2) Sub-regulation (1) does not apply to a person

who—

(a) is the holder of—

(i)

a valid game licence authorising birds (including duck); and

(ii)

a shooter’s licence, permit or and use a firearm (not being a pistol) under Part III of the Firearms Act 1958; or

(b) is acting in accordance with an authority of the Secretary issued under regulation 44.

42.  Proximity of persons to hunters restricted in permitted hunting areas

Wildlife (Game) (Human Safety) Regulations 1996

S.R. No. 15/1996

(1) A person must not, at any time during the

open season for duck, approach within a
distance of less than 10 metres, any person

who—

(a) is carrying a firearm; and

(b) is hunting or taking game birds—

in any permitted hunting area.

Penalty: 10 penalty units.

(2) Sub-regulation (1) does not apply to a person

who is the holder of—

(a)	a valid game licence authorising the hunting or taking of game birds (including duck); and
(b)	a shooter's licence, permit or other authority to possess, carry and use a firearm (not being a pistol) under Part III of the Firearms Act 1958—

who is hunting or taking game birds from the
same boat, the same hide or blind or the

same natural cover as another person.

(3) Sub-regulation (1) does not apply to a person

who is the holder of—

(a)	a valid game licence authorising the hunting or taking of game birds (including duck); and
(b)	a shooter's licence under the Firearms Act 1958—

who is supervising a person who is the

holder of—

(c) a game licence authorising the hunting or taking of game birds (including duck); and

Wildlife (Game) (Human Safety) Regulations 1996

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(d)	a junior permit, in accordance with the Firearms Act 1958.
43.

Application of Regulations the Secretary, any authorised officer or any employee of the Secretary acting in the course of his or her or its duties liable for an offence.

44.  Authority to enter into permitted hunting area

(1) For the purposes of the management, control, conservation and propagation of wildlife and the preservation and maintenance of wildlife habitat, the Secretary may authorise, in

writing, a person or class of persons to enter into or upon a permitted hunting area when such entry would otherwise be prohibited by
regulation 41(1).

(2) An authority issued under sub-regulation (1) may include conditions specifying—

(a)	the times during which the authority applies; and
(b)	the places in which the authority applies; and
(c)

the distance which the person must persons or classes of persons.

(3) A person must comply with the conditions of an authority issued under sub-regulation (1). Penalty: 10 penalty units.

(4) The Secretary may cancel an authority issued

under sub-regulation (1).
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(5) If an authorised officer reasonably believes that a person has failed to comply with the conditions of an authority issued under

sub-regulation (1), that officer may direct the

person to leave the permitted hunting area.

(6) A person must leave a permitted hunting

area when directed by an authorised officer
under sub-regulation (5) to do so.

Penalty: 5 penalty units.".

8. New Schedule inserted

After the Fourth Schedule to the Principal

Regulations, insert—

"FIFTH SCHEDULE

HUNTING AREAS

Area	Municipal district of the
Council of—
Backwater Morass	Wellington and East Gippsland
Browns Lake (Cope Cope)	Buloke
Cullens Lake	Gannawarra
Cundare Pool	Colac-Otway
First Marsh	Gannawarra
Fosters Swamp	Gannawarra
Gaynors Swamp	Campaspe
Grassy Lake	Buloke
Green Lake	Campaspe
Hirds Swamp	Gannawarra
Lake Bael Bael	Gannawarra
Lake Batyo Catyo	Northern Grampians

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Lake Boort	Loddon
Lake Buloke	Buloke
Lake Charm	Gannawarra
Lake Colongulac	Corangamite
Lake Coradgill	Corangamite
Lake Elizabeth	Gannawarra
Lake Gnarpurt	Corangamite
Lake Horden	Colac-Otway
Lake Kakydra	Wellington
Lake Kanagulk	Horsham
Lake Kelly	Gannawarra
Lake Lalbert	Gannawarra
Lake Leaghur	Loddon
Lake Lyndger	Loddon
Lake Macdonald	Gannawarra
Lake Marmal	Loddon
Lake Martin	Corangamite and Colac-Otway
Lake Melanhydra	Wellington
Lake Murphy	Gannawarra
Lake Nillahcootie	Delatite
Lake Nurrumbeet	Buloke
Lake Reeve	Wellington
Lake Tutchewop	Gannawarra
Lake Wandella	Gannawarra
Lake William	Gannawarra
Little Lake Buloke	Buloke
Little Lake Charm	Gannawarra

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Loch Garry	Greater Shepparton
Mansfield Swamp	Campaspe
Meridian Road Basins	Mildura
Morley Swamp	Wellington
Racecourse Lake	Campaspe
Red Morass	Wellington
Second Marsh	Gannawarra
Tang Tang Swamp	Loddon
Top Marsh	Gannawarra
Town Swamp	Gannawarra
Two Tree Swamp	Campaspe
Wallenjoe Swamp	Campaspe
Woolshed Swamp	Loddon
Wooroonook Lakes	Buloke.".

9. Amendment to Conservation, Forests and Lands (Infringement Notice) Regulations 1992

(1) After item 4183 of the 4Conservation, Forests and

Lands (Infringement Notice) Regulations 1992,

insert—

"4184 An offence $100 Enter into or

under	upon any
regulation 41	permitted
of the Wildlife	hunting area
(Game)	during the times
Regulations	specified in that
1990	regulation.

Wildlife (Game) (Human Safety) Regulations 1996

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4185 An offence $100 Approach

under	within a
regulation 42	distance of less
of the Wildlife	than 10 metres,
(Game)	a person who is
Regulations	carrying a
1990	firearm and is hunting or taking ducks in any permitted hunting area during the open season for ducks.".

(2) After item 4265 of the Conservation, Forests and

Lands (Infringement Notice) Regulations 1992,

insert—

"4266 An offence $100 Fail to comply

under	with a condition
regulation	of an authority
44(3) of the	under regulation
Wildlife	44(1)
(Game) Regulations 1990

4267	An offence	$100	Fail to leave a
under	permitted
regulation	hunting area
44(6) of the	when directed
Wildlife	by an authorised
(Game)	officer under
Regulations	regulation 44(5)
1990	to do so.".

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Wildlife (Game) (Human Safety) Regulations 1996

S.R. No. 15/1996

NOTES

1 S.R. No. 254/1990 reprinted to S.R. No. 27/1994.

2 S.R. No. 44/1993.

3 S.R. No. 27/1994.

4 S.R. No. 164/1992 as amended by S.R. Nos 338/1992, 44/1993, 60/1993,

145/1993, 27/1994, 74/1995 and 159/1995.