Wildlife (State Game Reserves) Amendment Regulations 2018 (Vic)

Wildlife (State Game Reserves) Amendment Regulations 2018

S.R. No. 50/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Exemptions for members of a traditional owner group

7New regulation 8A inserted

8Interfering with animals

9Gundogs

10Possession or carriage of firearms or bows in reserves

11Use of firearms or bows

12New Schedule 4 inserted

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Endnotes

STATUTORY RULES 2018

S.R. No. 50/2018

Wildlife Act 1975

Wildlife (State Game Reserves) Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 1 May 2018

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Wildlife (State Game Reserves) Regulations 2014 to provide for the taking or destroying of specified pest animals in State Game Reserves.

2Authorising provision

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

3Commencement

These Regulations commence on 2 May 2018.

4Principal Regulations

In these Regulations, the Wildlife (State Game Reserves) Regulations 2014[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"authorisation order means an authorisation order that remains in force under the saving provision in section 96 of the Traditional Owner Settlement Act 2010;

specified pest animals means any species of animal set out in Schedule 4;".

6Exemptions for members of a traditional owner group

(1)For regulation 8(1)(a) of the Principal Regulations substitute—

"(a)is acting under an authorisation order; and".

(2)For regulation 8(2)(a) of the Principal Regulations substitute—

"(a)is acting under an authorisation order; and".

(3)For regulation 8(3)(a) of the Principal Regulations substitute—

"(a)is acting under an authorisation order; and".

(4)In regulation 8(4) of the Principal Regulations omit "made under section 82 of the Traditional Owner Settlement Act 2010".

(5)Regulation 8(6) of the Principal Regulations is revoked.

(6)At the foot of regulation 8 of the Principal Regulations insert—

"Note

See regulation 8A for exemptions to the offences under regulations 13(1) and 29(1).".

7New regulation 8A inserted

After regulation 8 of the Principal Regulations insert—

"8A   Exemptions for certain persons taking and destroying specified pest animals

(1)Regulations 13(1) and 29(1) do not apply to a person who is taking or destroying specified pest animals during the open season for game ducks if that person—

(a)is—

(i)a holder of a game licence that allows the hunting, taking or destroying of game ducks; or

(ii)a member of a traditional owner group acting under an authorisation order and is authorised to hunt game ducks under that order; and

(b)is in an area of a reserve that has not been set aside by the Secretary under regulation 13(4); and

(c)takes or destroys a specified pest animal within the period of a day commencing a half-hour before sunrise and ending a half-hour after sunset; and

(d)uses a shotgun; and

(e)does not use toxic shot except by discharging toxic shot using a firearm that is a muzzle-loading, Damascus steel or twist-barrelled shotgun.

(2)Regulation 13(1) does not apply to a person who uses a gundog to retrieve specified pest animals during the open season for game ducks if that person—

(a)is taking or destroying specified pest animals in accordance with subregulation (1); and

(b)brings the gundog into or allows the gundog to remain on a reserve under and in accordance with regulation 19(1).

(3)In this regulation—

shotgun means a firearm used for the purpose of hunting, taking or destroying game ducks that has a gauge that is not greater than 12;

toxic shot has the same meaning as in the Wildlife (Game) Regulations 2012.".

8Interfering with animals

At the foot of regulation 13(3) of the Principal Regulations insert—

"Note

See regulation 8A for exemptions to the offences under regulations 13(1) and 29(1).".

9Gundogs

Regulation 19(3) of the Principal Regulations is revoked.

10Possession or carriage of firearms or bows in reserves

Regulation 28(4) of the Principal Regulations is revoked.

11Use of firearms or bows

(1)At the foot of regulation 29(2) of the Principal Regulations insert—

"Note

See regulation 8A for exemptions to the offence under regulation 29(1).".

(2)Regulation 29(4) of the Principal Regulations is revoked.

12New Schedule 4 inserted

After Schedule 3 to the Principal Regulations insert—

"Schedule 4—Specified pest animals

Regulation 8A

Common name	Scientific name
European hare	Oryctolagus cuniculus
European rabbit (feral or wild population only)	Lepus europaeus
Red fox	Vulpes vulpes

".

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Endnotes

[1] Reg. 4: S.R. No. 190/2014 as amended by S.R. No. 16/2015.