Wildlife (Game) Regulations 2012 (Vic)
Version No. 007
Wildlife (Game) Regulations 2012
S.R. No. 99/2012
Version incorporating amendments as at
6 September 2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocation
5Definitions
5AApplication of these Regulations to traditional owner groups
Part 2—Game licences
Division 1—Applications, fees, licence documents and ballots
6Application for a game licence
7Game licence fees
8Fee for variation of game licence
9Issue of replacement game licence
10Licence document as evidence
11Change of address
12Ballots
Division 2—Testing
13Granting of game licence for duck
14Waterfowl Identification Test
15Granting of game licence for hunting Sambar Deer with the use of hounds
16Sambar Deer Hunting with Hounds Test
Division 3—Exemptions from certain application requirements in specified cases
17Exemption from requirement to undertake testing for non-residents of Australia
18Exemption from requirement to undertake testing for certain applicants aged 12 years or more but less than 18 years
Division 4—Conditions
19Condition of game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer
20Condition of game licence that allows a person to hunt, take or destroy non-indigenous game birds on a game bird farm
21Condition of certain game licences that allow certain persons to hunt, take or destroy duck
22Condition of certain game licences that allow certain persons to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer
Division 5—Hounds
23Hounds used for hunting or taking Sambar Deer must be registered with the Game Management Authority
24Registration of a hound
25Power of Game Management Authority to cancel registration of a hound
26Power of Game Management Authority to suspend registration of a hound
27Making a submission on suspension of the registration of a hound
Part 3—Open and close seasons and bag limits
28Close season
29Open season
30Bag limit
Part 4—Hunting methods
Division 1—Use of firearms
31Twelve-gauge shotgun to be used when hunting game birds
32Use of toxic shot
33Possession of toxic shot
34Approved methods for hunting deer (other than Hog Deer, Chital Deer or Fallow Deer)
35Approved methods for hunting Hog Deer, Chital Deer or Fallow Deer
36Possession of spotlight and firearm
Division 2—Use of dogs and hounds
37Use of dogs when hunting game birds
38Use of dogs for hunting deer
39Hunting alone for deer (other than Hog Deer) with dogs that are not hounds
40Hunting in a team for deer (other than Hog Deer) with dogs that are not hounds
41Dogs must not attack, bite or maim wildlife
42Use of dogs in recognised deer habitat
43Location of hound while hunting Sambar Deer
44Hound must be identified
Division 3—General
45Use of spotlights for hunting
46Game fleeing from fire or smoke not to be hunted
47Hunting at night prohibited
48Use of baits, lures and decoys when hunting game
49Aircraft and motor vehicles not to be used for hunting game
50Hunting duck from motorboats prohibited
Part 5—Possession and use of game
51Game alive when recovered
51ADowned game birds to be recovered
51BBreast meat of game bird to be kept in possession
52Possession of duck
53Storage of game on commercial premises
54Game prohibited on commercial premises where food is cooked
55Sale of game prohibited unless obtained lawfully
Part 6—Hog Deer and Hog Deer Tags
Division 1—Hog Deer
56Possession of Hog Deer
57Requirement to attach tags to Hog Deer killed
58Hog Deer not to be removed until tag is attached
59Removal of Hog Deer Tags
60Removal of Hog Deer head and dismemberment
Division 2—Hog Deer Tags
61Application for Hog Deer Tags
62Issue of Hog Deer Tags
63Validity of Hog Deer Tags
64Hog Deer Tags to be in possession
65Hog Deer Tags not to be sold etc.
66Hog Deer Tags not to be altered, defaced or reproduced
67Hog Deer carcass to be taken to checking station
68Hog Deer Tags return forms
Part 7—Specified hunting areas and specified times—open season for duck
69Specified hunting areas
70Times when entry onto or remaining in specified hunting areas are prohibited
Part 8—Deer hunting areas
71Prohibited deer hunting areas
72Areas for hunting Sambar Deer with the use of hounds
Part 9—Savings and transitional provisions
73Authorisations given by Secretary
Schedules
Schedule 1—Regulations revoked
Schedule 2—Close seasons for game
Schedule 3—Open seasons for game
Schedule 4—Bag limits for game
Schedule 5—Approved dogs for hunting
Schedule 6—Recognised deer habitat
Schedule 7—Shot which is not toxic shot
Schedule 8—Hunting areas
Schedule 9—Prohibited deer hunting areas
Schedule 10—Hunting Sambar Deer with the use of hounds
Schedule 11—Game birds
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 007
Wildlife (Game) Regulations 2012
S.R. No. 99/2012
Version incorporating amendments as at
6 September 2022
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to provide for the effective management of game species and game hunting in Victoria;
(b)to make further provision for the procedure for granting and administering game licences;
(c)to make further provision for open and close seasons and bag limits;
(d)to regulate methods of hunting;
(e)to provide for the identification, possession and use of game;
(f)to make further provision for specified hunting areas.
2Authorising provisions
These Regulations are made under sections 22A, 58C and 87 of the Wildlife Act 1975.
3Commencement
(1)These Regulations (other than Division 3 of Part 2 and regulations 20, 21 and 22) come into operation on 11 September 2012.
(2)Division 3 of Part 2 and regulations 20, 21 and 22 come into operation on 1 July 2013.
4Revocation
The Regulations set out in Schedule 1 are revoked.
5Definitions
In these Regulations—
adult hunter means a person who is 18 years of age or older and who is the holder of a game licence;
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
bag limit in relation to a taxon of game, means the bag limit prescribed by these Regulations for that taxon of game;
blank ammunition means ammunition that is not cartridge ammunition;
cartridge ammunition has the same meaning as it has in the Firearms Act 1996;
deer hunting dog means a dog from a breed listed in Part 3 of Schedule 5;
downed, in relation to a game bird, means the bird—
(a)has been brought to the ground as a result of being shot; or
(b)has been shot on the ground;
established pest animal has the same meaning as it has in the Catchment and Land Protection Act 1994;
game bird means any taxon of bird listed in Schedule 11;
game bird farm means a farm operated by the holder of a Wildlife Producer Licence Type 1 within the meaning of the Wildlife Regulations 2002[1];
ground includes land, water and any vegetation or other thing on the land or water;
gundog means a dog from a breed listed in Part 1 of Schedule 5;
Hog Deer Tag means a tag that is issued in accordance with regulation 62;
hound means—
(a)a dog from a breed referred to in Part 2 of Schedule 5 that conforms to—
(i)the maximum height specified in that Part of that Schedule for that breed; and
(ii)the Australian National Kennel Council Illustrated Breed Standards, Hound Group 4 (other than any specification relating to height), as amended from time to time; or
(b)a hound referred to in regulation 24(3);
hound possessor means a person who keeps or harbours a hound or has a hound in his or her care, whether the hound is at large, is restrained or is in confinement;
motor boat means a boat which has at least one motor fitted or attached which when operating is capable of propelling the boat and includes any craft known as an "airboat" or "hovercraft";
park has the same meaning as it has in the National Parks Act 1975;
possession in relation to shot, a magazine, ammunition, a firearm or a spotlight, includes any of the following—
(a)physical possession of the shot, magazine, ammunition, firearm or spotlight;
(b)custody or control of the shot, magazine, ammunition, firearm or spotlight;
(c)access to the shot, magazine, ammunition, firearm or spotlight, either solely or in common with others;
prescribed permanent identification device has the same meaning as it has in the Domestic Animals Act 1994;
recognised deer habitat means an area referred to in Schedule 6;
registered hound means a hound that is registered by the Game Management Authority under regulation 24(1);
Sambar Deer Hunting with Hounds Test means the test that is conducted by the Game Management Authority under regulation 16(1);
secured in relation to a firearm, magazine, ammunition or shot, in a vehicle means—
(a)in the case of a vehicle with a boot or storage area (that is not a glove box), being in a securely fastened case or container locked in the boot or stowed in a storage area of the vehicle that is not readily accessible by an occupant of the vehicle; or
(b)in the case of a vehicle without a boot or other storage area (that is not a glove box), being in a securely fastened case or container stowed in a part of the vehicle that is not readily accessible by any occupant of the vehicle;
spotlight means—
(a)a source of artificial light; or
(b)an infrared device; or
(c)a night viewing device; or
(d)a thermo-imaging device—
but does not include—
(e)a domestic source of light used for domestic purposes; or
(f)an emergency source of light used for emergency purposes; or
(g)a light fitted to a motor vehicle that complies with any requirement in the Road Safety (Vehicles) Regulations 2009[2] relating to a light of that kind;
State Game Reserve means an area classified as a State Game Reserve under section 15 of the Act;
take means to gain possession or control of wildlife by any means and also includes causing, permitting or assisting in taking wildlife;
the Act means the Wildlife Act 1975;
toxic shot means shot which is not of a class or type described in Schedule 7;
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;
Waterfowl Identification Test means the test that is conducted by the Game Management Authority under regulation 14(1);
waterway means—
(a)a river, creek, stream or watercourse; or
(b)a natural channel in which water regularly flows, whether or not the flow is continuous; or
(c)a channel formed wholly or partly by the alteration or relocation of any such river, creek, stream, watercourse or channel.
5AApplication 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.
Part 2—Game licences
Division 1—Applications, fees, licence documents and ballots
6Application for a game licence
(1)A person applying for a game licence must do so in the form provided for that purpose by the Game Management Authority.
(2)A person who is applying for a game licence may be required by the Game Management Authority—
(a)to set out in the application—
(i)his or her name; and
(ii)his or her residential address; and
(iii)his or her telephone number (if any); and
(iv)his or her email address (if any); and
(v)details of any convictions for offences under the Act, the Firearms Act 1996, the Prevention of Cruelty to Animals Act 1986, the National Parks Act 1975 or any corresponding law of another State or Territory of the Commonwealth relating to game hunting, during the 10 years preceding the application; and
(vi)the taxon or taxa of game for which the licence is required; and
(b)to provide with the application—
(i)evidence to verify his or her name and residential address; and
(ii)the fee to be paid for the licence under regulation 7.
Example
Evidence of a person's name and residential address may be a copy of the person's driver's licence.
7Game licence fees
(1)Subject to subregulations (2) and (3), the fees to be paid to the Game Management Authority by an applicant for a game licence referred to in Column 1 of the Table of Game Licence Fees is the amount set out opposite that licence in Column 2 of that Table.
Table of Game Licence Fees
Column 1 Column 2 Licence Fee A game licence that allows the hunting, taking or destroying of game birds 4 fee units per year or part year A game licence that allows the hunting, taking or destroying of deer 4 fee units per year or part year A game licence that allows the hunting, taking or destroying of game birds and deer 6 fee units per year or part year A game licence that allows the hunting, taking or destroying of non-indigenous game birds on a game bird farm 0 fee units A game licence that allows the hunting, taking or destroying of deer by a non-resident of Australia 4 fee units per part year A game licence that allows the hunting, taking or destroying of game birds by a non-resident of Australia 4 fee units per part year Column 1 Column 2 Licence Fee A game licence that allows the hunting, taking or destroying of game birds and deer by a non-resident of Australia 6 fee units per part year A once-off game licence that allows the hunting, taking or destroying of game birds and deer by a person aged 12 years or more but less than 18 years 0 fee units (2)If an applicant for a game licence satisfies the Game Management Authority that he or she is an eligible recipient within the meaning of the State Concessions Act 2004, the fee to be paid for a game licence is half that of the fee to be paid under subregulation (1).
(3)An applicant for a game licence who is under the age of 18 years is exempt from payment of a fee for that licence.
(4)A person who holds a game licence referred to in Column 1 of the Table of Game Licence Fees who applies to have the licence varied to another kind of game licence listed in that Column, in addition to the variation fee payable under regulation 8, must pay the difference, if any, between the fees for the categories of game listed in the Table.
8Fee for variation of game licence
The fee for an application for a variation of a game licence is 1 fee unit.
9Issue of replacement game licence
(1)The Game Management Authority may issue a game licence to replace one which has been stolen, lost, damaged or destroyed.
(2)A holder of a game licence who applies for a replacement game licence may be required by the Game Management Authority—
(a)to set out in the application—
(i)his or her name; and
(ii)his or her residential address; and
(iii)his or her telephone number (if any); and
(iv)his or her email address (if any); and
(b)to provide with the application—
(i)evidence to verify his or her name and residential address; and
(ii)a fee of 1 fee unit.
10Licence document as evidence
(1)If the Game Management Authority has granted a game licence to a person, the Game Management Authority may issue a document to that person as evidence of that fact.
(2)It is a condition of a game licence that a document issued under subregulation (1) must be signed by the holder of the licence.
11Change of address
A person who holds a game licence must notify the Game Management Authority if he or she changes his or her residential address and must forward his or her game licence to the Game Management Authority for amendment within 14 days after changing address.
Penalty:2 penalty units.
12Ballots
(1)For the purposes of section 22A(4A) of the Act, a ballot is to be conducted in accordance with the procedure determined by the Game Management Authority.
(2)If a holder of a game licence is required to take part in a ballot, the holder of the licence must, if required to do so by the Game Management Authority, pay the fee determined by the Game Management Authority.
(3)The fee determined by the Game Management Authority under subregulation (2) must not exceed 5 fee units.
Division 2—Testing
13Granting of game licence for duck
Subject to regulations 17(1) and 18(1), a person applying for a game licence, or for a variation to such a licence, that allows the hunting, taking or destroying of duck, must undertake and obtain a pass (at a percentage rate determined by the Game Management Authority) in the Waterfowl Identification Test.
14Waterfowl Identification Test
(1)The Game Management Authority may conduct a test in relation to hunting duck which includes the identification of taxons of waterfowl and other waterbirds.
(2)Where a person is required to undertake the Waterfowl Identification Test, the person must pay the fee determined by the Game Management Authority.
(3)The fee determined by the Game Management Authority for the Waterfowl Identification Test must not exceed 2 fee units.
15Granting of game licence for hunting Sambar Deer with the use of hounds
Subject to regulations 17(2) and 18(2), a person applying for a game licence, or for a variation to such a licence, that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, must undertake and obtain a pass (at a percentage rate determined by the Game Management Authority) in the Sambar Deer Hunting with Hounds Test.
16Sambar Deer Hunting with Hounds Test
(1)The Game Management Authority may conduct a test in relation to hunting Sambar Deer with the use of hounds which includes the following matters—
(a)understanding the Act and these regulations and the law relating to hunting deer; and
(b)the identification of Sambar Deer and other deer; and
(c)principles for the use of firearms, bows or crossbows, or all of these, for hunting deer; and
(d)the ethics of hunting; and
(e)any other matter relevant to hunting deer determined by the Game Management Authority.
(2)Where a person is required to undertake the Sambar Deer Hunting with Hounds Test, the person must pay the fee determined by the Game Management Authority.
(3)The fee determined by the Game Management Authority for the Sambar Deer Hunting with Hounds Test must not exceed 2 fee units.
Division 3—Exemptions from certain application requirements in specified cases
17Exemption from requirement to undertake testing for non-residents of Australia
(1)An applicant for a game licence that allows the hunting, taking or destroying of duck, who is a non-resident of Australia, is exempt from the requirement set out in regulation 13.
(2)An applicant for a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, who is a non-resident of Australia, is exempt from the requirement set out in regulation 15.
18Exemption from requirement to undertake testing for certain applicants aged 12 years or more but less than 18 years
(1)An applicant for a game licence that allows the hunting, taking or destroying of duck who—
(a)is 12 years of age or more but less than 18 years of age; and
(b)has not previously held a game licence that allows the hunting, taking or destroying of duck—
is exempt from the requirement set out in regulation 13.
(2)An applicant for a game licence that allows the hunting or taking of Sambar Deer with use of hounds or the destroying of Sambar Deer who—
(a)is 12 years of age or more but less than 18 years of age; and
(b)has not previously held a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer—
is exempt from the requirement set out in regulation 15.
Division 4—Conditions
19Condition of game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer
(1)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer is subject to the condition that the person must not do so while hunting alone unless he or she is using at the time of hunting—
(a)not more than 5 hounds; or
(b)not more than 8 hounds, of which 3 hounds must be less than 12 months old and must be used for the purpose of training those hounds to hunt or take Sambar Deer.
(2)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer is subject to the condition that the person must not do so while hunting as part of a team unless—
(a)the team is using at the time of hunting—
(i)not more than 5 hounds; or
(ii)not more than 8 hounds of which 3 hounds must be less than 12 months old and must be used for the purpose of training those hounds to hunt or take Sambar Deer; and
(b)the team consists of—
(i)not more than 10 persons, each of whom is the holder of a game licence that allows the person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer; or
(ii)not more than 12 persons, each of whom is the holder of a game licence that allows the person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer, of which 2 persons must hold a licence referred to in regulation 22(1) or 22(2).
20Condition of game licence that allows a person to hunt, take or destroy non-indigenous game birds on a game bird farm
For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt, take or destroy non-indigenous game birds specified in Part 4 of Schedule 3 on a game bird farm is subject to the condition that the person must not hunt, take or destroy game birds of that kind other than on a game bird farm.
21Condition of certain game licences that allow certain persons to hunt, take or destroy duck
(1)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt, take or destroy duck, that is granted to an applicant referred to in regulation 17(1), is subject to the condition that he or she must not hunt, take or destroy duck unless he or she does so under the direct supervision of an adult hunter who—
(a)is the holder of a game licence that allows him or her to hunt, take or destroy duck; and
(b)has obtained a pass (at a percentage rate determined by the Game Management Authority) in the Waterfowl Identification Test.
(2)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt, take or destroy duck, that is granted to an applicant referred to in regulation 18(1) is subject to the condition that he or she must not hunt, take or destroy duck unless he or she does so under the direct supervision of an adult hunter who—
(a)is the holder of a game licence that allows him or her to hunt, take or destroy duck; and
(b)has obtained a pass (at a percentage rate determined by the Game Management Authority) in the Waterfowl Identification Test.
22Condition of certain game licences that allow certain persons to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer
(1)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer, that is granted to an applicant referred to in regulation 17(2) is subject to the condition that he or she must not hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer unless he or she does so under the direct supervision of an adult hunter who—
(a)is the holder of a game licence that allows him or her to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer; and
(b)has obtained a pass (at a percentage rate determined by the Game Management Authority) in the Sambar Deer Hunting with Hounds test.
(2)For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer, that is granted to an applicant referred to in regulation 18(2), is subject to the condition that he or she must not hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer unless he or she does so under the direct supervision of an adult hunter who—
(a)is the holder of a game licence that allows him or her to hunt or take Sambar Deer with the use of hounds or to destroy Sambar Deer; and
(b)has obtained a pass (at a percentage rate determined by the Game Management Authority) in the Sambar Deer Hunting with Hounds Test.
Division 5—Hounds
23Hounds used for hunting or taking Sambar Deer must be registered with the Game Management Authority
For the purposes of section 22A(3) of the Act, a game licence that allows a person to hunt or take Sambar Deer with the use of hounds is subject to the condition that the person must not use a hound for hunting or taking Sambar Deer, unless that hound is a registered hound.
24Registration of a hound
(1)On application by the owner of a hound, the Game Management Authority may register a hound if—
(a)the Game Management Authority has consulted with a person or body with relevant expertise; and
(b)the hound is identified by the implantation of a prescribed permanent identification device in accordance with the Domestic Animals Regulations 2005[3].
(2)The registration of a hound, unless sooner cancelled, suspended or surrendered, remains in force until the ownership of the hound is transferred to another person.
(3)A hound registered with the Secretary under regulation 19 of the Wildlife (Game) Regulations 2001[4] is taken to be registered under this regulation, and the registration, unless sooner cancelled or suspended under this Division, or surrendered, remains in force for the duration of that hound's life
(4)Despite regulation 5, for the period commencing 11 September 2012 and ending 28 February 2013, in this Division, hound means hound within the meaning of the Wildlife (Game) Regulations 2001[5] as in force immediately before its revocation by virtue of section 5 of the Subordinate Legislation Act 1994.
25Power of Game Management Authority to cancel registration of a hound
(1)The Game Management Authority may cancel the registration of a hound, by notice in writing given to the owner of the hound, if the Game Management Authority is satisfied, on reasonable grounds, that—
(a)the dog is not a hound; or
(b)the owner knowingly provided false or misleading information with the application for registration; or
(c)the hound has been found in circumstances that constitute a contravention of regulation 43(1); or
(d)the owner has been found guilty of an offence against the Act or these Regulations in respect of the hound; or
(e)the hound no longer complies with the condition of registration under regulation 24(1)(b).
(2)Before cancelling the registration of a hound the Game Management Authority must—
(a)notify the owner that he or she proposes to cancel the registration; and
(b)allow the owner an opportunity to make a written submission.
(3)A submission under subregulation (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel the registration of a hound, the Game Management Authority must—
(a)have regard to any submission made under subregulation (2) within the period specified in the notice; and
(b)must notify the owner of the Game Management Authority's decision.
26Power of Game Management Authority to suspend registration of a hound
(1)The Game Management Authority may suspend the registration of a hound, by notice in writing to the owner, if the Game Management Authority is satisfied, on reasonable grounds, that—
(a)the dog is not a hound; or
(b)the owner knowingly provided false or misleading information with the application for registration; or
(c)the hound has been found in circumstances that constitute a contravention of regulation 43(1); or
(d)the owner has been found guilty of an offence against the Act or these regulations in respect of the hound; or
(e)the hound no longer complies with the condition of registration under regulation 24(1)(b).
(2)A suspension under this regulation has effect—
(a)from the time specified in the notice given under subregulation (1), which must be after the day on which the notice is given; and
(b)subject to regulation 27, for the period (not exceeding 90 days) specified in the notice.
27Making a submission on suspension of the registration of a hound
(1)On suspending the registration of a hound, the Game Management Authority must allow the owner of the hound an opportunity to make a written submission.
(2)A submission must be made within the period specified in the notice of suspension.
(3)On receiving a submission under subregulation (2), the Game Management Authority must review the decision to suspend the registration, and in doing so must have regard to the submission and may decide—
(a)not to revoke or amend the suspension; or
(b)to revoke or amend the suspension.
(4)The Game Management Authority must notify the owner of the outcome of the review.
Part 3—Open and close seasons and bag limits
28Close season
For the purposes of the Act, the close season for a kind or taxon of game is set out in Schedule 2.
29Open season
For the purposes of the Act, the open season for a kind or taxon of game is set out in Schedule 3.
30Bag limit
A person must not, in relation to a kind or taxon of game set out in Schedule 4, take or destroy more than the number of game specified in that Schedule as the bag limit for that kind or taxon, in the period set out in that Schedule for that taxon of game.
Penalty:20 penalty units.
Part 4—Hunting methods
Division 1—Use of firearms
31Twelve-gauge shotgun to be used when hunting game birds
A person must not hunt, take or destroy game birds other than with a firearm that is a shotgun having a gauge that is not greater than 12.
Penalty:20 penalty units.
32Use of toxic shot
(1)A person must not use toxic shot to hunt, take or destroy ducks.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who is hunting, taking or destroying, or intending to hunt, take or destroy ducks, in the open season for duck, if the person is using a firearm that is a muzzle-loading, Damascus steel or twist-barrelled shotgun.
33Possession of toxic shot
(1)A person must not be in possession of toxic shot—
(a)in the course of hunting duck; or
(b)within an area in which he or she intends to hunt duck; or
(c)within a State Game Reserve.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who is in possession of toxic shot that is secured in a vehicle.
(3)Subregulation (1) does not apply to a person who is in possession of toxic shot if the person is in possession of a firearm that is a muzzle-loading, Damascus steel or twist-barrelled shotgun.
(4)Subregulation (1)(c) does not apply to a person who, in the open season for Stubble Quail, is in possession of toxic shot in an area specified in Schedule 3 to the Wildlife (State Game Reserve) Regulations 2004[6].
34Approved methods for hunting deer (other than Hog Deer, Chital Deer or Fallow Deer)
A person must not hunt, take or destroy deer (other than Hog Deer, Chital Deer or Fallow Deer) other than by the use of—
(a)a firearm that is a centre‑fire rifle having a calibre of not less than 6×85 mm (0×270"), with a projectile weight of not less than 8×45 grams (130 grains); or
(b)a firearm that is a muzzle‑loading rifle having a calibre of not less than 11×45 mm (0×45"), with a projectile weight of not less than 14×91 grams (230 grains); or
(c)a long bow, recurve bow or compound bow having a draw‑weight of not less than 22×5 kilograms (50 lbs), using an arrow with a broad-head having a combined minimum weight of not less than 26 grams (400 grains) and a minimum of two sharpened cutting blades; or
(d)a cross‑bow having a draw‑weight of not less than 68 kilograms (150 lbs), using a bolt with a broad-head having a combined minimum weight of not less than 26 grams (400 grains) and a minimum of two sharpened cutting blades; or
(e)a firearm of not less than 20 bore, and not greater than 12 bore, with a single solid projectile having a weight of not less than 15·88 grams (245 grains) and that firearm must be fitted with—
(i)a front and rear iron sight (other than a beaded sight or beaded sights); or
(ii)a telescopic sight; or
(iii)a reflex sight.
Penalty:20 penalty units.
35Approved methods for hunting Hog Deer, Chital Deer or Fallow Deer
A person must not hunt, take or destroy Hog Deer, Chital Deer or Fallow Deer other than by the use of—
(a)a firearm that is a centre‑fire rifle having a calibre of not less than 6×17 mm (0×243"), with a projectile weight of not less than 5×18 grams (80 grains); or
(b)a firearm that is a muzzle‑loading rifle having a calibre of not less than 9×65 mm (0×38"), with a projectile weight of not less than 12×96 grams (200 grains); or
(c)a long bow, recurve bow or compound bow having a draw‑weight of not less than 20 kilograms (45 lbs), using an arrow with a broad-head having a combined minimum weight of not less than 22×5 grams (350 grains) and a minimum of two sharpened cutting blades; or
(d)a cross‑bow having a draw‑weight of not less than 54×4 kilograms (120 lbs), using a bolt with a broad-head having a combined minimum weight of not less than 22×5 grams (350 grains) and a minimum of two sharpened cutting blades; or
(e)a firearm of not less than 20 bore, and not greater than 12 bore, with a single solid projectile having a weight of not less than 15·88 grams (245 grains) and that firearm must be fitted with—
(i)a front and rear iron sight (other than a beaded sight or beaded sights); or
(ii)a telescopic sight; or
(iii)a reflex sight.
Penalty:20 penalty units.
36Possession of spotlight and firearm
(1)A person must not be in possession of a spotlight and a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise.
Penalty:20 penalty units.
(2)A person must not be in possession of a spotlight and be in company with a person in possession of a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise.
Penalty:20 penalty units.
(3)A person must not be in possession of a firearm and be in company with a person in possession of a spotlight in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise.
Penalty:20 penalty units.
(4)Subregulations (1), (2) and (3) do not apply to a person—
(a)if the person is in the process of controlling established pest animals within 250 metres outside of the boundary of freehold land which is owned or occupied by that person or a person for whom that person acts as an 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, 28G or 28H of the Act and is acting in accordance with that authorisation; or
(d)if the person is acting in accordance with an Order declared under section 7A of the Act; or
(e)if the person is in a vehicle in which there is a firearm, magazine or ammunition and—
(i)the firearm is unloaded and secured; and
(ii)the magazine is unloaded and secured; and
(iii)the ammunition is secured; and
(iv)any spotlight that is in or on the vehicle is not in use; or
(f)if the person is on foot and is in possession of a firearm, magazine or ammunition and—
(i)the firearm is unloaded; and
(ii)the magazine is unloaded; and
(iii)the ammunition is stored in a closed case or container; and
(iv)any spotlight is not fitted to the firearm, or fixture attached to the firearm; or
(g)who is an employee or contractor of the Secretary or the Game Management Authority when acting in the course of the employee's or contractor's duties.
Division 2—Use of dogs and hounds
37Use of dogs when hunting game birds
(1)A person must not use a dog when hunting, taking or destroying game birds.
Penalty:20 penalty units.
(2)A person must not cause or permit a dog to be used when hunting, taking or destroying game birds.
Penalty:20 penalty units.
(3)Subregulation (1) does not apply to a person who when hunting, taking or destroying game birds uses—
(a)gundogs to locate, flush, point or retrieve game birds during an open season; or
(b)gundogs in any field trials conducted during an open season, by an organisation approved by the Game Management Authority; or
(c)gundogs being trained to locate, point or flush game birds during the close season if a person accompanying a dog being so trained, is not carrying or using any firearm other than a starter's pistol or a shotgun with blank ammunition and that person is not in possession of any cartridge ammunition.
(4)Subregulation (2) does not apply to a person who when hunting, taking or destroying game birds, causes or permits—
(a)gundogs to be used to locate, flush, point or retrieve game birds during an open season; or
(b)gundogs to be used in any field trials conducted during an open season, by an organisation approved by the Game Management Authority; or
(c)gundogs being trained to locate, point or flush game birds during the close season if a person accompanying a dog being so trained, is not carrying or using any firearm other than a starter's pistol or a shotgun with blank ammunition and that person is not in possession of any cartridge ammunition.
38Use of dogs for hunting deer
(1)A person must not use a dog for hunting deer other than—
(a)a registered hound for the purpose of trailing Sambar Deer; or
(b)a gundog for the purpose of locating, pointing or flushing deer (other than Hog Deer); or
(c)a deer hunting dog for the purpose of locating or flushing deer (other than Hog Deer);
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who has written authorisation given by the Game Management Authority to use a dog that is not referred to in subregulation (1)(a), (1)(b) or (1)(c) for hunting deer.
39Hunting alone for deer (other than Hog Deer) with dogs that are not hounds
A person hunting alone for deer (other than Hog Deer) must not use more than—
(a)2 gundogs listed in Part 1 of Schedule 5; or
(b)2 deer hunting dogs listed in Part 3 of Schedule 5; or
(c)1 gundog listed in Part 1 of Schedule 5 and 1 deer hunting dog listed in Part 3 of Schedule 5—
for the purpose of locating, pointing or flushing that deer.
Penalty:20 penalty units.
40Hunting in a team for deer (other than Hog Deer) with dogs that are not hounds
A person hunting in a team for deer (other than Hog Deer) must ensure that the team does not use more than—
(a)2 gundogs listed in Part 1 of Schedule 5; or
(b)2 deer hunting dogs listed in Part 3 of Schedule 5; or
(c)1 gundog listed in Part 1 of Schedule 5 and 1 deer hunting dog listed in Part 3 of Schedule 5—
for the purpose of locating, pointing or flushing that deer.
Penalty:20 penalty units.
41Dogs must not attack, bite or maim wildlife
A person who uses a hound, gundog or deer hunting dog for hunting deer must ensure that the hound, gundog or deer hunting dog does not attack, bite or maim wildlife.
Penalty:20 penalty units.
42Use 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 hound, gundog or deer hunting dog) unless the dog is restrained or confined.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who has written authorisation given by the Game Management Authority to have a dog (that is not a hound, gundog or deer hunting dog) in his or her care or control while hunting on public land in recognised deer habitat.
43Location of hound while hunting Sambar Deer
(1)If while hunting or taking Sambar Deer with the use of hounds, a hound of a hound possessor is found—
(a)on private land; or
(b)in a park, other than in accordance with the National Parks Act 1975; or
(c)in any area prohibited by these regulations; or
(d)in any other area closed under Part XI of the Act—
the hound possessor is guilty of an offence and liable to a penalty of not more than 20 penalty units.
(2)Subregulation (1)(a) does not apply to a hound possessor if he or she has permission from the owner or occupier of the private land to hunt or take Sambar Deer with the use of hounds on that land.
(3)Subregulations (1)(c) and (1)(d) do not apply to a hound possessor if he or she has written authorisation given by the Secretary to hunt or take Sambar Deer with the use of hounds in the area in which the hound is found.
44Hound must be identified
A person who uses a registered hound for hunting Sambar Deer must ensure that the hound is wearing a collar to which is securely attached a permanent tag or label on which is legibly printed—
(a)the full name of the hound owner; and
(b)the hound registration number (issued by the Game Management Authority) of the hound.
Penalty:20 penalty units.
Division 3—General
45Use of spotlights for hunting
(1)A person must not use a spotlight to hunt or take game.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to—
(a)a person who is an employee or contractor of the Secretary or the Game Management Authority who has written authorisation given by the Secretary or the Game Management Authority to use a spotlight to hunt or take game; or
(b)a person who is acting in accordance with an Order under section 7A of the Act.
46Game fleeing from fire or smoke not to be hunted
A person must not hunt, take or destroy game that is fleeing from fire or smoke.
Penalty:20 penalty units.
47Hunting at night prohibited
A person must not hunt, take or destroy game during the period commencing a half-hour after sunset on any day and ending a half-hour before sunrise on the next day.
Penalty:20 penalty units.
48Use of baits, lures and decoys when hunting game
(1)A person must not hunt, take or destroy game using any bait, lure, decoy or live animal to attract game.
Penalty:20 penalty units.
(2)A person must not cause, permit or assist in the hunting, taking or destroying of game using any bait, lure, decoy or live animal to attract game.
Penalty:20 penalty units.
(3)Subregulation (1) does not apply to a person who hunts, takes or destroys game using a decoy made or constructed to resemble or represent a waterbird or any call resembling the call of game.
(4)Subregulation (2) does not apply to a person who causes, permits or assists in the hunting, taking or destroying of game using a decoy made or constructed to resemble or represent a waterbird or any call resembling the call of game.
49Aircraft and motor vehicles not to be used for hunting game
(1)A person must not hunt, take or destroy game from an aircraft or motor vehicle.
Penalty:20 penalty units.
(2)A person must not cause, permit or assist in the hunting, taking or destroying of game from an aircraft or motor vehicle.
Penalty:20 penalty units.
50Hunting duck from motorboats prohibited
(1)A person must not hunt, take or destroy duck from a motor boat whose motor is running (whether in gear or not).
Penalty:20 penalty units.
(2)A person must not cause, permit or assist in the hunting, taking or destroying of duck, from a motor boat whose motor is running (whether in gear or not).
Penalty:20 penalty units.
(3)Subregulation (1) does not apply to a person who hunts, takes or destroys duck from—
(a)a motor boat under power which is operating at a speed of 5 knots or less in any waterway; or
(b)a motor boat under power which is operating at a speed of 5 knots or less for the purpose of retrieving a dead or wounded duck.
(4)Subregulation (2) does not apply to a person who causes, permits or assists in the hunting, taking or destroying of duck from—
(a)a motor boat under power which is operating at a speed of 5 knots or less in any waterway; or
(b)a motor boat under power which is operating at a speed of 5 knots or less for the purpose of retrieving a dead or wounded duck.
Part 5—Possession and use of game
51Game alive when recovered
A person who takes game which is alive when recovered must immediately kill that game.
Penalty:20 penalty units.
51ADowned game birds to be recovered
A person who hunts, takes or destroys a game bird must make all reasonable efforts to recover the downed game bird immediately after the bird is struck.
Penalty:20 penalty units.
51BBreast meat of game bird to be kept in possession
(1)Subject to subregulation (2), a person who hunts, takes or destroys a game bird must keep the meat of both breasts of the game bird in the person's possession until—
(a)immediately prior to cooking; or
(b)that game bird has been taken to the person's place of residence.
Penalty:20 penalty units.
Note
Regulation 52 sets out certain requirements in relation to the possession of duck.
(2)Subregulation (1) does not apply if the meat on the breast of a game bird cannot be eaten because of the way that the game bird was hunted, taken or destroyed.
52Possession of duck
A person who has in his or her possession any taxon of duck must leave one fully feathered wing attached to the duck, or duck breast, or duck breasts, until—
(a)immediately prior to cooking; or
(b)that duck has been taken to the person's place of residence.
Penalty:5 penalty units.
53Storage of game on commercial premises
(1)A person must not have game in his or her possession or control in any shop, commercial premises or business premises other than in accordance with the following conditions—
(a)the game must be contained within a bag or receptacle; and
(b)the bag or receptacle containing the game must have a tag securely attached on which the following particulars are legibly written—
(i)the name and address of the owner of the game; and
(ii)the date on which the game was placed in the shop, commercial premises or business premises; and
(iii)the game licence number under which the game was taken.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who has game in his or her possession or control in any part of a shop, commercial premises or business premises that is used primarily for domestic purposes.
(3)Subregulation (1) does not apply to a person who has game listed in Part 1 or Part 4 of Schedule 3 that was obtained from a commercial farm in his or her possession or control in any part of a shop, commercial premises or business.
(4)Subregulation (1) does not apply to a person who has game listed in Part 1 of Schedule 3 in the person's possession or control in any part of a shop, commercial premises or business premises if—
(a)the game was legally obtained from a person who is—
(i)acting in accordance with an Order made under section 7A of the Act; or
(ii)the holder of a licence under section 22 of the Act and acting in accordance with that licence; or
(iii)the holder of an authority under section 28A of the Act and acting in accordance with that authority; or
(iv)acting in accordance with an authorisation order made under section 28G of the Act; and
(b)the game is accompanied by documentation or a tag that legibly identifies—
(i)the name and address of the person from whom the game was sourced; and
(ii)the address of the property or location from which the game was sourced; and
(iii)the date on which the game was placed in the shop, commercial premises or business premises.
54Game prohibited on commercial premises where food is cooked
(1)A person must not have in his or her possession or control on commercial premises in which food is cooked or served, any game other than—
(a)game listed in Part 4 of Schedule 3 that has been obtained from a game bird farm; or
(b)game listed in Part 4 of Schedule 3 that has been obtained from a commercial farm for game birds; or
(c)game listed in Part 1 of Schedule 3 that has been obtained from—
(i)a commercial farm; or
(ii)a meat processing facility licensed under the Meat Industry Act 1993; or
(d)any other game that has been obtained from a wildlife processor licensed under a corresponding law of another State or Territory of the Commonwealth.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who is a member of an organisation, or to a person who acts on behalf of an organisation, who has in his or her possession or control on commercial premises on which food is cooked or served, any game for which the organisation has written authorisation given by the Game Management Authority to serve at a meal conducted by that organisation.
55Sale of game prohibited unless obtained lawfully
(1)A person must not sell, or expose for sale, any game.
Penalty:20 penalty units.
(2)Subregulation (1)—
(a)does not apply to any person—
(i)who holds a licence, permit or other authority issued under section 22, 28A or 28G of the Act which entitles the person to sell any taxon of wildlife declared to be game; and
(ii)who is acting in accordance with that licence, permit or authority; or
(b)does not apply to any person who receives game from a commercial interstate source authorised under the laws of that State or Territory to sell the game; or
(c)does not apply to any person who is the owner of taxidermied game that has been legally obtained and taxidermied; or
(d)does not apply to any person who has taken and destroyed game listed in Part 1 of Schedule 3 in accordance with an Order made under section 7A of the Act; or
(e)does not apply to the operator of a meat processing facility licensed under the Meat Industry Act 1993 who legally obtains game listed in Part 1 of Schedule 3 from a person referred to in paragraph (a) or (d).
Part 6—Hog Deer and Hog Deer Tags
Division 1—Hog Deer
56Possession of Hog Deer
(1)A person must not have in his or her possession the carcass of any female Hog Deer unless a Hog Deer Tag marked with the letter "F"—
(a)is attached to one of the hind legs; or
(b)has been removed from the body of the deer in accordance with regulation 59.
Penalty:20 penalty units.
(2)A person must not have in his or her possession the carcass of any male Hog Deer unless a Hog Deer Tag marked with the letter "M"—
(a)is attached to one of the hind legs; or
(b)has been removed from the body of the deer in accordance with regulation 59.
Penalty:20 penalty units.
57Requirement to attach tags to Hog Deer killed
A person who kills a Hog Deer must immediately attach a Hog Deer Tag to one of the hind legs of the deer in the following manner—
(a)the tag must be attached above the hock by inserting the end of the tag between the main bone of the leg and the main tendon; and
(b)the tag must then completely encircle the main bone and must be securely locked in position.
Penalty:20 penalty units.
58Hog Deer not to be removed until tag is attached
A person who kills any Hog Deer must not remove the Hog Deer from where it has been killed unless a Hog Deer Tag is attached to one of its hind legs in accordance with regulation 57.
Penalty:20 penalty units.
59Removal of Hog Deer Tags
A person must not, without written authorisation given by the Game Management Authority, remove the Hog Deer Tag from the body of any Hog Deer killed until—
(a)the body of that deer has been taken to a checking station in accordance with regulation 67 by the holder of the game licence under the authority of which the Hog Deer was taken; and
(b)any biological sample required under regulation 67(3)(b) has been given.
Penalty:20 penalty units.
60Removal of Hog Deer head and dismemberment
A person must not, without written authorisation given by the Game Management Authority, remove the head or dismember any Hog Deer killed until—
(a)the body of that deer has been taken to a checking station in accordance with regulation 67 by the holder of the game licence under the authority of which the Hog Deer was taken; and
(b)any biological sample required under regulation 67(3)(b) has been given.
Penalty:20 penalty units.
Division 2—Hog Deer Tags
61Application for Hog Deer Tags
(1)A person who is applying for Hog Deer Tags must do so in a manner determined by the Game Management Authority.
(2)A person who is applying for Hog Deer Tags may be required by the Game Management Authority to provide evidence of a game licence held by that person.
62Issue of Hog Deer Tags
The Game Management Authority may issue 2 Hog Deer Tags per year, one of which is for hunting, taking or destroying a male Hog Deer and one of which is for hunting, taking or destroying a female Hog Deer, to any holder of a game licence for the hunting, taking or destroying of Hog Deer.
63Validity of Hog Deer Tags
A Hog Deer Tag is valid only for the year for which it is issued.
64Hog Deer Tags to be in possession
A person who is hunting, taking or destroying Hog Deer during a year for which he or she was issued with Hog Deer Tags must not hunt, take or destroy Hog Deer without having in his or her possession—
(a)in the case where no Hog Deer have been taken, 2 Hog Deer Tags, one marked with the letter "F" for female and one marked with the letter "M" for male;
(b)in the case where one Hog Deer has been taken, one Hog Deer Tag marked with the letter of the sex that has not been taken.
Penalty:20 penalty units.
65Hog Deer Tags not to be sold etc.
A person issued with a Hog Deer Tag must not sell, give, lend or transfer that Hog Deer Tag to any other person.
Penalty:20 penalty units.
66Hog Deer Tags not to be altered, defaced or reproduced
A person must not alter, deface or reproduce a Hog Deer Tag.
Penalty:20 penalty units.
67Hog Deer carcass to be taken to checking station
(1)The Game Management Authority may nominate places, to be known as checking stations, for the purposes of recording biological, physical and other information about Hog Deer taken.
(2)The Game Management Authority must publish a notice in the Government Gazette giving details of the location and opening times of the checking stations.
(3)A person who takes a Hog Deer during the open season must—
(a)within 24 hours of the taking of the deer, take the Hog Deer carcass to a checking station nominated under subregulation (1) during the hours that the checking station is open for business; and
(b)provide any biological sample from the Hog Deer carcass that is requested by the Game Management Authority for the purpose of examination for any disease, disorder or other physical condition of the Hog Deer.
Penalty:20 penalty units.
68Hog Deer Tags return forms
A person who is issued with Hog Deer Tags for a year must, within 28 days after the last day of each open season in the year for which the Hog Deer Tags were issued, forward to the Game Management Authority, a complete and accurate return for the year (in the form determined by the Game Management Authority) detailing—
(a)the name, and address of the person and the game licence number of the licence under which the tags have been issued; and
(b)if the person has taken any Hog Deer in the year, where and when the person took the deer; and
(c)the amount of time the person spent hunting for Hog Deer; and
(d)any other particulars regarding the taking of Hog Deer by the person that the Game Management Authority requires.
Penalty:10 penalty units.
Part 7—Specified hunting areas and specified times—open season for duck
69Specified hunting areas
For the purposes of section 58C of the Act, the following are declared to be specified hunting areas—
(a)the waters of any State Game Reserve and the land within 25 metres of the water shoreline of those waters;
(b)the waters of the hunting areas described in Schedule 8 and the land within 25 metres of the water shoreline of those waters.
70Times when entry onto or remaining in specified hunting areas are prohibited
For the purposes of section 58C(1) of the Act, the following times are specified as the times during which entry onto or remaining in a specified hunting area is prohibited—
(a)from the beginning of the first day of the open season for ducks until 10.00 a.m. of that day;
(b)from 2 hours before sunset on every day of the open season for ducks (other than the first day and last day of the open season for ducks) until 10.00 a.m. of the following day;
(c)from 2 hours before sunset on the last day of the open season for ducks until 30 minutes after sunset of that day.
Part 8—Deer hunting areas
71Prohibited deer hunting areas
(1)A person must not hunt, take or destroy deer within the areas of Victoria shown by shading on the plans in Parts 1, 2, 3, 4 and 5 of Schedule 9.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to—
(a)a person who has written authorisation given by the Secretary to hunt, take or destroy deer within the areas referred to in that subregulation; or
(b)a person who is an owner or occupier of private land when hunting, taking or destroying deer on that private land; or
(c)a person who has permission given by the owner or occupier of private land, to hunt, take or destroy deer on that private land.
72Areas for hunting Sambar Deer with the use of hounds
(1)A person must not hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer in any area of Victoria.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person who hunts or takes Sambar Deer with the use of hounds or destroys Sambar Deer—
(a)within the permitted hunting area; or
(b)other than within the permitted hunting area, if the person has written authorisation given by the Secretary to do so; or
(c)within the area shown by shading on the plan in Part 3 or 4 of the Schedule 10 if the person—
(i)is an owner or occupier of private land when doing so on that private land; or
(ii)has permission given by the owner or occupier of private land, when doing so on that private land.
(3)In this regulation, permitted hunting area means the area shown by shading on the plan in Part 1 of Schedule 10 (part of the boundary of which is shown in greater detail on the plans in Parts 2, 3 and 4 of Schedule 10).
Part 9—Savings and transitional provisions
73Authorisations given by Secretary
An authorisation given by the Secretary under regulation 38(2), 42(2), 54(2), 59
or 60 as in force immediately before the commencement of the Wildlife (Game) Amendment Regulations 2014 continues to have effect in accordance with the terms of that authorisation unless sooner revoked by the Game Management Authority or surrendered.
Schedules
Schedule 1—Regulations revoked
Regulation 4
| S.R. No. | Title |
| 20/2004 | Wildlife (Game) (Amendment) Regulations 2004 |
| 50/2008 | Wildlife (Game) (Hunting of Fallow Deer) (Amendment) Regulations 2008 |
| 10/2009 | Wildlife (Game) (Amendment) Regulations 2009 |
Schedule 2—Close seasons for game
Regulation 28
| Common Name | Scientific Name | Close Season |
| Part 1—Deer | ||
| Hog Deer | Axis porcinus | From 30 minutes after sunset on 30 April in each year to 30 minutes before sunrise on 1 April in the next year following. |
| Sambar Deer | Cervus unicolor | When hunted or taken with the use of hounds or destroyed, from 30 minutes after sunset on 30 November in each year to 30 minutes before sunrise on 1 April in the next following year. If Easter Sunday is in April, when hunted or taken with the use of hounds or destroyed, from 30 minutes after sunset on the Thursday before Easter Sunday until 30 minutes before sunrise on the Thursday after Easter Sunday. |
| Part 2—Indigenous game birds (quail) | ||
| Stubble Quail | Coturnix pectoralis | From 30 minutes after sunset on the last day in June to 30 minutes before sunrise on the first Saturday in April in the next year following. |
| Common Name | Scientific Name | Close Season |
| Part 3—Indigenous game birds (waterfowl) | |||
| Pacific Black Duck Australasian (Blue-winged) Shoveler Chestnut Teal Grey Teal Hardhead (White‑eyed) Duck Australian Shelduck (Mountain Duck) Pink‑eared Duck Australian Wood Duck (Maned Duck) | Anas superciliosa Anas rhynchotis Anas castanea Anas gracilis Aythya australis Tadorna tadornoides Malacorhynchus membranaceus Chenonetta jubata | üïïïïïïïïïïïýïïïïïïïïïïïþ | From 30 minutes after sunset on the second Monday in June in each year until midnight on the day before the third Saturday in March in the next year following. |
Part 4—Indigenous game birds (other)
| Latham's (Japanese or Jack) Snipe | Gallinago hardwickii | For the whole of each year. |
Schedule 3—Open seasons for game
Regulation 29
| Common Name | Scientific Name | Open Season | |
| Part 1—Deer | |||
| Chital Deer | Axis axis | For the whole of each year. | |
| Fallow Deer | Dama dama | For the whole of each year. | |
| Hog Deer | Axis porcinus | From 30 minutes before sunrise on 1 April until 30 minutes after sunset on 30 April in each year. | |
| Red Deer | Cervus elaphus | For the whole of each year. | |
| Rusa Deer | Cervus timorensis | For the whole of each year. | |
| Sambar Deer | Cervus unicolor | When not hunted or taken with the use of hounds, for the whole of the year. If Easter Sunday is in March, when hunted or taken with the use of hounds or destroyed, from 30 minutes before sunrise on 1 April until 30 minutes after sunset on 30 November in each year. | |
| If Easter Sunday is in April— (a) when hunted or taken with the use of hounds or destroyed, from 30 minutes before sunrise on 1 April until 30 minutes after sunset on the Thursday before Easter Sunday; (b) when hunted or taken with the use of hounds or destroyed, from 30 minutes before sunrise on the first Thursday after Easter Sunday until 30 minutes after sunset on 30 November in each year. | |||
| Part 2—Indigenous game birds (quail) | |||
| Stubble Quail | Coturnix pectoralis | From 30 minutes before sunrise on the first Saturday in April until 30 minutes after sunset on 30 June in each year. | |
| Part 3—Indigenous game birds (waterfowl) | |||
| Pacific Black Duck Australasian (Blue-winged) Shoveler Chestnut Teal Grey Teal Hardhead (White-eyed Duck) Australian Shelduck (Mountain Duck) Pink-eared Duck Australian Wood Duck (Maned Duck) | Anas superciliosa Anas rhynchotis
Anas gracilis Aythya australis Tadorna tadornoides Malacorhynchus membranaceus Chenonetta jubata | üïïïïïïïïïïïýïïïïïïïïïïïþ | From the beginning of the third Saturday in March in each year until 30 minutes after sunset on the second Monday in June in each year. |
| Part 4—Non-Indigenous game birds | |||
| Pheasant Partridge European Quail Japanese Quail Californian Quail | Phasianus spp. Alectoris and Perdix spp. Coturnix coturnix Coturnix japonica Lophortyx californicus | üïïïïïýïïïïïþ | For the whole of each year. |
Schedule 4—Bag limits for game
Regulation 30
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Item number | Common Name | Scientific Name | Bag Limit | |
| 1. | Chital Deer | Axis axis | No limit. | |
| 2. | Fallow Deer | Dama dama | No limit. | |
| 3. | Hog Deer | Axis porcinus | A maximum of one male and one female during an open season. | |
| 4. | Red Deer | Cervus elaphus | No limit. | |
| 5. | Rusa Deer | Cervus timorensis | No limit. | |
| 6. | Sambar Deer | Cervus unicolor | No limit. | |
| 7. | Stubble Quail | Coturnix pectoralis | A maximum of twenty on any day during an open season. | |
| 8. | Pacific Black Duck | Anas superciliosa | üïïïïïïïïïïïïýïïïïïïïïïïïïïþ | A maximum of ten ducks, which may include no more than two Australasian (Blue-winged) Shovelers, on any day during an open season. |
| 9. | Australasian (Blue- winged) Shoveler | Anas rhynchotis | ||
| 10. | Chestnut Teal | Anas castanea | ||
| 11. | Grey Teal | Anas gracilis | ||
| 12. | Hardhead (White-eyed Duck) | Aythya australis | ||
| 13. | Australian Shelduck (Mountain Duck) | Tadorna tadornoides | ||
| 14. | Pink-eared Duck | Malacorhynchus membranaceus | ||
| 15. | Australian Wood Duck (Maned Duck) | Chenonetta jubata | ||
| 16. | Pheasants | Phasianus spp. | üïïïïïýïïïïïþ | No limit. |
| 17. | Partridges | Alectoris and Perdix spp. | ||
| 18. | European Quail | Coturnix coturnix | ||
| 19. | Japanese Quail | Coturnix japonica | ||
| 20. | Californian Quail | Lophortyx californicus | ||
Schedule 5—Approved dogs for hunting
Regulation 5
Part 1—Gundogs
| Bracco Italiano Brittany Spaniel (Epagneul Breton) Chesapeake Bay Retriever Clumber Spaniel Cocker Spaniel Cocker Spaniel (American) Curly Coated Retriever English Setter English Springer Spaniel Field Spaniel Flat Coated Retriever German Shorthaired Pointer German Wirehaired Pointer (Deutsch Drahthaar) Golden Retriever Gordon Setter Hungarian Vizsla Hungarian Wirehair Vizsla Irish Red and White Setter Irish Setter Irish Water Spaniel Italian Spinone Labrador Retriever Lagotto Romagnolo Large Munsterlander Nova Scotia Duck Tolling Retriever Pointer Sussex Spaniel Weimaraner Weimaraner (longhair) Welsh Springer Spaniel | |
| Part 2—Hounds | |
| Column 1
| Column 2 Maximum height measured at withers |
| Bloodhound | 69 centimetres |
| Beagle | 40 centimetres |
| Harrier | 53×5 centimetres |
| Part 3—Deer hunting dogs | |
| Border Terrier Dachshund Finnish Spitz Fox Terrier (smooth) Fox Terrier (wire) German Hunting Terrier (Jagd Terrier) Jack Russell Terrier Norwegian Elkhound | |
Schedule 6—Recognised deer habitat
Regulation 5
All Crown land in the municipal districts of the following municipal councils—
Alpine Shire Council
Ararat Rural City Council
Baw Baw Shire Council
Benalla Rural City Council
Cardinia Shire Council
Colac-Otway Shire Council
Corangamite Shire Council
East Gippsland Shire Council
Glenelg Shire Council
Horsham Rural City Council
Mansfield Shire Council
Mitchell Shire Council
Murrindindi Shire Council
Northern Grampians Shire Council
Pyrenees Shire Council
South Gippsland Shire Council
Southern Grampians Shire Council
Strathbogie Shire Council
Towong Shire Council
Wangaratta Rural City Council
Wellington Shire Council
Whittlesea City Council
Yarra Ranges Shire Council
Schedule 7—Shot which is not toxic shot
Regulation 5
Shot commonly known by the description set out in Column 1 and constituted by percentage composition by weight as described in the corresponding part of Column 2
| Column 1* | Column 2 |
| Bismuth-tin | (a) at least 97 per cent by weight bismuth; and (b) not more than 3 percent by weight tin. |
| Iron (steel) | any per cent by weight iron and carbon. |
| Iron-tungsten | (a) any per cent by weight tungsten; and (b) not more than 1 per cent by weight iron. |
| Iron-tungsten-nickel | (a) any per cent by weight tungsten; and (b) not more than 40 per cent by weight nickel; and (c) not more than 1 per cent by weight iron. |
| Tungsten-bronze | (a) 51×1 per cent by weight tungsten, 44×4 per cent by weight copper and 0×6 per cent by weight iron; or (b) 60 per cent by weight tungsten, 35×1 per cent by weight copper, 3×9 per cent by weight tin and 1 per cent by weight of iron. |
| Tungsten-iron-copper-nickel | (a) not less than 40 per cent and not more than 76 per cent by weight tungsten; and (b) not less than 10 per cent and not more than 3 per cent by weight iron; and (c) not less than 9 per cent and not more than 16 per cent by weight copper; and (d) not less than 5 per cent and not more than 7 per cent weight nickel. |
| Tungsten-matrix | 95×9 per cent by weight tungsten and 4×1 per cent by weight polymer. |
| Tungsten-polymer | 95×5 per cent by weight tungsten and 4×5 per cent by weight Nylon 6 or 11. |
| Tungsten-tin-iron | (a) any per cent by weight tungsten and tin; and (b) with not more than 1 per cent by weight iron. |
| Tungsten-tin-bismuth | Any per cent by weight tungsten, tin, and bismuth. |
| Tungsten-tin-iron-nickel | (a) 65 per cent by weight tungsten; and (b) 21×8 per cent by weight tin; and (c) 10×4 per cent by weight iron; and (d) 2×8 per cent by weight nickel. |
| Tungsten-iron-polymer | (a) not less than 41×5 per cent and not more than 95×2 per cent by weight tungsten; and (b) not less than 1×5 per cent and not more than 52 per cent by weight iron; and (c) not less than 3×6 per cent and not more than 8 per cent by weight fluropolymer. |
* coatings of copper, nickel, tin, zinc, zinc chloride and zinc chrome on shot is non-toxic.
Schedule 8—Hunting areas
Regulation 69
| 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 |
| Fosters Swamp | Gannawarra |
| Grassy Lake | Buloke |
| Green Lake | Campaspe |
| Lake Batyo Catyo | Northern Grampians |
| Lake Boort | Loddon |
| Lake Buloke | Buloke |
| Lake Charm | Gannawarra |
| Lake Colongulac | Corangamite |
| Lake Coradgill | Corangamite |
| Lake Gnarpurt | Corangamite |
| 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 William | Gnangara |
| Little Lake Buloke | Buloke |
| Little Lake Charm | Gannawarra |
| Loch Garry | Greater Shepparton |
| Meridian Road Basins | Mildura |
| Morley Swamp | Wellington |
| Racecourse Lake | Campaspe |
| Red Morass | Wellington |
| Town Swamp | Gannawarra |
| Two Tree Swamp | Campaspe |
| Victoria Lagoon | Wellington |
| Wooroonook Lakes | Buloke |
Schedule 9—Prohibited deer hunting areas
Regulation 71
Part 1—Warburton and surrounds
Part 2—Rubicon and surrounds
Part 3—Halls Gap and surrounds
Part 4—Warburton township
Part 5—Mount Timbertop area
Schedule 10—Hunting Sambar Deer with the use of hounds
Regulation 72
Part 1—Eastern Victoria
Part 2—Marysville and surrounds
Part 3—Jamieson and surrounds
Part 4—Merrijig and surrounds
Schedule 11—Game birds
Regulation 5
| INDIGENOUS GAME BIRDS (QUAIL) | |||
| Stubble Quail | Coturnix pectoralis | ||
| INDIGENOUS GAME BIRDS (WATERFOWL) | |||
| Pacific Black Duck Australasian (Blue-winged) Shoveler Chestnut Teal Grey Teal Hardhead (White-eyed Duck) Australian Shelduck (Mountain Duck) Pink-eared Duck Australian Wood Duck (Maned Duck) | Anas superciliosa Anas rhynchotis Anas castanea Anas gracilis Aythya australis Tadorna tadornoides Malacorhynchus membranaceus Chenonetta jubata | ||
| INDIGENOUS GAME BIRDS (OTHER) | |||
| Latham's (Japanese or Jack) Snipe | Gallinago hardwickii | ||
NON-INDIGENOUS GAME BIRDS
| Pheasant Partridge European Quail Japanese Quail Californian Quail | Phasianus spp. Alectoris and Perdix spp. Coturnix coturnix Coturnix japonica Lophortyx californicus |
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Wildlife (Game) Regulations 2012, S.R. No. 99/2012 were made on 11 September 2012 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under sections 22A, 58C and 87 of the Wildlife Act 1975, No. 8699/1975 and came into operation as follows:
All of Regulations (except Division 3 of Part 2 and regulations 20–22) on 11 September 2012: regulation 3(1); Division 3 of Part 2 and regulations 20–22 on 1 July 2013: regulation 3(2).
The Wildlife (Game) Regulations 2012 will sunset on 10 September 2023: see Subordinate Legislation (Wildlife (Game) Regulations 2012) Extension Regulations 2022, S.R. No. 75/2022.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Wildlife (Game) Regulations 2012 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Wildlife (Game) Amendment Regulations 2012, S.R. No. 161/2012
Date of Making: 19.12.12 Date of Commencement: 19.12.12
Wildlife (Game) Amendment Regulations 2014, S.R. No. 53/2014
Date of Making: 17.6.14 Date of Commencement: 1.7.14: reg. 3
Wildlife (Game) Amendment Regulations 2018, S.R. No. 2/2018
Date of Making: 30.1.18 Date of Commencement: 1.3.18: reg. 3
Wildlife (Game) Further Amendment Regulations 2018, S.R. No. 19/2018
Date of Making: 27.2.18 Date of Commencement: 1.3.18: reg. 3
Wildlife (Game) Amendment Regulations 2020, S.R. No. 148/2020
Date of Making: 22.12.20 Date of Commencement: 1.1.21: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 5 def. of game bird farm: S.R. No. 50/2002. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 139/2004 and subsequently amended by S.R. No. 103/2009 and extended in operation by S.R. No. 53/2012.
[2] Reg. 5 def. of spotlight subparagraph (g): S.R. No. 118/2009 and amending S.R. Nos 26/2010, 33/2010, 35/2010, 80/2010, 116/2010, 136/2010, 51/2011, 10/2012, 25/2012, 37/2012 and 71/2012.
[3] Reg. 24(1)(b): S.R. No. 151/2005. Reprint No. 1 as at 1 September 2009. Reprinted to S.R. No. 100/2009.
[4] Reg. 24(3): S.R. No. 90/2001. Reprint No. 1 as at 9 June 2005. Reprinted to S.R. No. 147/2004 and subsequently amended by S.R. Nos 50/2008 and 10/2009.
[5] Reg. 24(4): See note 4.
[6] Reg. 33(4): S.R. No. 147/2004.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in S.R. No. 99/2012 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5 (definition of hound) | The Australian National Kennel Council Illustrated Breed Standards, Hound Group 4, as amended from time to time. | The beagle, bloodhound and harrier standards (other than any specification relating to height) |
0
0
0