Wildlife (State Game Reserves) Regulations 2024 (Vic)

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Version No. 001

Wildlife (State Game Reserves) Regulations 2024

S.R. No. 123/2024

Version as at


30 October 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

Division 1—General

1Objectives

2Authorising provision

3Commencement

4Definitions

Division 2—Application of Regulations

5Application of Regulations to parties to certain agreements etc.

6Persons to whom offences under these Regulations do not apply

7Exemptions for members of a traditional owner group

Part 2—Common provisions for determinations and permits

Division 1—Determinations

8Determinations setting areas aside

9Offence not to comply with conditions of determinations setting areas aside

10Signs and notices

Division 2—Permits

11Issuing of permits

12Cancellation of permits

13Offence not to comply with a permit

Part 3—Access to reserves

14Areas where access is prohibited or restricted

15Offence to enter prohibited or restricted access area

16Direction to leave reserve

17Failure to comply with direction to leave reserve

18Gates

Part 4—Protection of animals

19Interfering with animals

20Feeding animals restricted

21Fishing

Part 5—Restrictions on animals in reserves

Division 1—Restrictions on animals other than dogs or horses

22Animals other than dogs or horses prohibited except in specified circumstances

Division 2—Restrictions on dogs

23Dogs prohibited except in specified circumstances

24Gundogs

25Dog faeces

26Areas for dogs

Division 3—Restrictions on horses

27Horses prohibited except in specified circumstances

28Areas for horses

Division 4—Animals at large

29Person who has care and control of animal must keep animal under immediate control

Part 6—Use of hunting equipment in reserves

30Possession, use and carriage of poisons

31Possession, use and carriage of traps

32Possession or carriage of firearms, bows or crossbows

33Use of firearms, bows or crossbows

Part 7—Protection of natural features

34Protection of flora

35Areas for cutting and taking away fallen and felled trees as firewood

36Introducing or planting flora

37Damaging, defacing, removing or otherwise interfering with rocks

Part 8—Recreation, safety and amenity

38Tower Hill State Game Reserve

39Noisy devices or equipment

40Engaging in sport or recreational activity

41Organised events

42Rallies, festivals and public meetings

43Demonstrations and training classes

44Commercial activities

45Advertising material

46Commercial filming

Part 9—Camping and camp fires

47Areas where camping is prohibited

48Restrictions on camping

49Lighting, kindling or maintaining fires

50Use of soaps and detergents

51Hygiene

Part 10—Vessels and aircraft

52Vessels

53Aircraft

Part 11—Buildings, structures, blind or hides and tree stands

Division 1—Buildings and structures

54Offence to occupy buildings and other structures

55Offence to construct or erect buildings etc. or use a water pump

Division 2—Blind or hides and tree stands

56Areas where blind or hides or tree stands are prohibited

57Requirements for the use and construction of blind or hides or tree stands

58Requirement to dismantle blinds or hides or tree stands

59Offence to disobey a direction to dismantle blind or hide or tree stands

Schedule 1—State Game Reserves where hunting Hog Deer is permitted

Schedule 2—State Game Reserves where hunting Stubble Quail is permitted

Schedule 3—State Game Reserves where hunting Sambar Deer is permitted

Schedule 4—Specified pest animals

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Wildlife (State Game Reserves) Regulations 2024

S.R. No. 123/2024

Version as at


30 October 2024

PART 1—PRELIMINARY

Division 1—General

1Objectives

The objectives of these Regulations are to provide for—

(a)the management of State Game Reserves; and

(b)the preservation of wildlife and wildlife habitat within State Game Reserves; and

(c)the hunting, taking or destroying of certain game species and specified pest animals within State Game Reserves; and

(d)the safety, enjoyment and recreation of visitors to State Game Reserves.

2Authorising provision

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

3Commencement

These Regulations come into operation on 30 October 2024.

4Definitions

In these Regulations—

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

animalmeans any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

assistance dog has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;

blind or hide means a temporary artificial structure, shelter or cover (other than a tree stand) erected for the purpose of concealment to facilitate the hunting, watching or taking of wildlife;

camp means to do any of the following for accommodation purposes, whether occupied or not—

(a)erect, occupy or use a tent, tarpaulin or any form of accommodation, shelter or temporary structure;

(b)use a swag or sleeping bag;

(c)leave in a reserve a vehicle, vessel or other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

fallen or felled trees has the same meaning as in section 21AA(4) of the Act;

firewood means dead plant material not attached to a standing plant, shrub or tree;

fishhas the same meaning as in section 5(1) of the Fisheries Act 1995;

florahas the same meaning as in section 3(1) of the Flora and Fauna Guarantee Act 1988;

game bird means any taxon of bird listed in Schedule 10 to the Wildlife (Game) Regulations 2024[1];

game duck means any species of waterfowl specified in Part 2 of Schedule 10 to the Wildlife (Game) Regulations 2024;

gundog means any dog from a breed listed in Part 1 of Schedule 4 to the Wildlife (Game) Regulations 2024;

levee maintenance permit has the same meaning as in section 3(1) of the Water Act 1989;

litter has the same meaning as in section 112 of the Environment Protection Act 2017;

motorised wheelchair means a wheelchair propelled by a motor that is—

(a)capable of a speed of not more than 10 kilometres per hour; and

(b)designed solely for the conveyance of a person with mobility difficulties;

prohibited access area means an area set aside by the land manager under regulation 14(1)(a);

reservemeans a State Wildlife Reserve that has been further classified as a State Game Reserve under section 15(2) of the Act;

restricted access area means an area set aside by the land manager under regulation 14(1)(b);

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;

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

take has the same meaning as in regulation 5 of the Wildlife (Game) Regulations 2024;

the Act means the Wildlife Act 1975;

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 section 3 of the Traditional Owner Settlement Act 2010;

tree or trees has the same meaning as in section 3(1) of the Forests Act 1958;

tree stand means a portable platform used to hunt, watch or take wildlife;

vehiclemeans a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal‑powered vehicle, trailer, tram car and air‑cushion vehicle but does not include any of the following—

(a)a railway locomotive or railway rolling stock;

(b)an aircraft;

(c)a wheelchair or other non-motorised device designed solely for the conveyance of a person with mobility difficulties;

(d)a motorised wheelchair;

(e)a pram, stroller or other non-motorised device designed or used for the conveyance of children.

Division 2—Application of Regulations

5Application of Regulations to parties to certain agreements etc.

A person acting under and in accordance with the terms and conditions of any agreement entered into under the Act, or a lease or licence granted over or in relation to a reserve under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978, is not subject to these Regulations to the extent that the activities authorised by that agreement, lease or licence are inconsistent with these Regulations.

6Persons to whom offences under these Regulations do not apply

These Regulations do not apply to a person who—

(a)is acting as a servant of the Crown; or

(b)is acting under and in accordance with a contract with—

(i)the Crown; or

(ii)a person who is a servant or an agent of the Crown; or

(c)is acting under the direction of a person acting as a servant or an agent of the Crown; or

(d)is acting with the permission of a person acting as a servant or agent of the Crown; or

(e)is an authorised officer acting in the course of the authorised officer's duties.

7Exemptions for members of a traditional owner group

(1)If a traditional owner group entity has entered into a traditional owner group agreement, regulation 19(1) does not apply to a person who is a member of that traditional owner group if the person—

(a)is bound by the agreement; and

(b)is acting under and in accordance with the agreement; and

(c)is, on land to which the agreement applies, hunting, taking or in possession of—

(i)game ducks during the open season for game ducks; or

(ii)a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii)Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv)Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v)Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(2)If a traditional owner group entity has entered into a traditional owner group agreement, regulation 32(1) does not apply to a person who is a member of that traditional owner group if the person—

(a)is bound by the agreement; and

(b)is acting under and in accordance with the agreement; and

(c)is, on land to which the agreement applies, in possession of, or is carrying—

(i)a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(ii)a shotgun for the purpose of taking or destroying a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii)a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv)a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v)a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(3)If a traditional owner group entity has entered into a traditional owner group agreement, regulation 33(1) does not apply to a person who is a member of that traditional owner group if the person—

(a)is bound by the agreement; and

(b)is acting under and in accordance with the agreement; and

(c)is, on land to which the agreement applies, using—

(i)a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(ii)a shotgun for the purpose of taking or destroying a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii)a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv)a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v)a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(4)If a traditional owner group entity has entered into a traditional owner group agreement, regulations 34(1) and (2), 42(1) and 43(1) do not apply to a person who is a member of that traditional owner group if the person—

(a)is bound by the agreement; and

(b)is on land to which the agreement applies; and

(c)is acting under and in accordance with the agreement.

PART 2—COMMON PROVISIONS FOR DETERMINATIONS AND PERMITS

Division 1—Determinations

8Determinations setting areas aside

(1)A set aside determination must be in writing and must specify the date on which it is made.

(2)A set aside determination may specify—

(a)that it applies to the whole or a specified area of a reserve; and

(b)that it applies on specified days or times or for specified periods; and

(c)that it applies to a person or class of person; and

(d)any conditions subject to which the activity or conduct specified in the set aside determination must or must not be carried out; and

(e)if a permit is required to undertake the activity or conduct that is permitted, restricted or prohibited.

(3)If the land manager makes a set aside determination under these Regulations, the land manager must, as soon as practicable after making the determination—

(a)ensure that a sign or notice of the determination is displayed in accordance with regulation 10; and

(b)publish the determination on the land manager's Internet site.

(4)In this regulation—

set aside determination means a determination made under the following—

(a)regulation 14(1);

(b)regulation 19(4);

(c)regulation 21(1);

(d)regulation 26;

(e)regulation 28;

(f)regulation 35;

(g)regulation 36(4);

(h)regulation 40(1);

(i)regulation 47(1);

(j)regulation 49(1);

(k)regulation 52(1);

(l)regulation 53(5);

(m)regulation 56(1).

9Offence not to comply with conditions of determinations setting areas aside

A person who enters into or engages in an activity or conduct in an area that is set aside under a determination made under regulation 19(4), 21(1), 26, 28, 35, 36(4), 40(1), 47(1), 49(1) or 53(5) must comply with any conditions specified in the determination.

Penalty:10 penalty units.

Note

Regulations 15(1) and (2), 52(2) and 56(2) provide separate offences for failing to act in accordance with a determination made under regulation 14(1), 52(1) or 56(1).

10Signs and notices

(1)If the land manager makes a determination under these Regulations and is required to display a sign or notice in relation to that determination, the land manager must ensure that the sign or notice—

(a)is displayed in a place and manner that is likely to be seen by any person affected by the determination; and

Example

A sign may be placed at each entry to an area determined to be set aside.

(b)identifies in words or symbols any activity that is prohibited, restricted or permitted in the area that is set aside under the determination; and

(c)either—

(i)specifies the conditions of the activities that are prohibited, restricted or permitted; or

(ii)specifies by reference to the determination published under regulation 8(3)(b) the activity that is prohibited, restricted or permitted and any conditions that apply to carrying out that activity.

(2)If the land manager revokes or amends a determination made under these Regulations, the land manager must as soon as practicable—

(a)ensure that any sign or notice displayed in accordance with this Division is removed or amended to reflect the revocation or amendment to that determination; and

(b)remove or amend the determination published on the land manager's Internet site under regulation 8(3)(b) to reflect the revocation or amendment to that determination.

Division 2—Permits

11Issuing of permits

(1)If the land manager is authorised to issue a permit under these Regulations, the permit must specify—

(a)the purpose of the permit; and

(b)the date on which the permit commences; and—

(i)the period for which the permit is valid; or

(ii)the date on which the permit expires; and

(c)any terms and conditions of the permit.

(2)A permit issued under these Regulations must be in writing.

12Cancellation of permits

(1)The land manager may cancel a permit issued under these Regulations at any time—

(a)if the holder of the permit has—

(i)contravened a term or condition of the permit; or

(ii)contravened these Regulations; or

(b)if the continuation of the permit is likely to be detrimental to, or interfere with, the management and protection of the natural environment, flora, wildlife, features or visitors in a reserve or the control or management of animals (other than wildlife) within a reserve.

(2)Before cancelling a permit, the land manager by written notice given to the holder of the permit must—

(a)notify the holder of the permit that the land manager proposes to cancel the permit; and

(b)give the holder of the permit an opportunity to make either oral or written submissions to the land manager about the proposed cancellation.

(3)For the purposes of subregulation (2)(b), the holder of the permit must make any submission within the period specified in the notice, which must not be less than 14 days after the day on which the notice is given.

(4)In making a decision as to whether or not to cancel a permit, the land manager must have regard to any submission made under subregulation (2)(b).

(5)If the land manager decides to cancel a permit under subregulation (1), the land manager must notify the holder of the permit within 7 days after the land manager's decision.

(6)The cancellation of a permit under subregulation (1) takes effect when the holder of the permit is notified of the cancellation in accordance with subregulation (5).

13Offence not to comply with a permit

The holder of a permit issued under these Regulations must comply with any terms and conditions of the permit.

Penalty:10 penalty units.

PART 3—ACCESS TO RESERVES

14Areas where access is prohibited or restricted

(1)The land manager may make a determination setting aside a specified area of a reserve—

(a)as an area to which access for a person or class of persons is prohibited without a permit; or

(b)as an area to which access for a person or class of persons is restricted without a permit.

(2)The land manager must not make a determination under subregulation (1) unless the land manager considers that the determination is necessary for any of the following purposes—

(a)the protection or management of flora, wildlife and associated habitat in the reserve;

(b)the control or management of animals (other than wildlife) and associated habitat in the reserve;

(c)the protection of structures (including buildings), bridges, dams, weirs, facilities, amenities, tracks, trails and other assets in the reserve;

(d)the planting of trees, shrubs, grass or other vegetation in the reserve;

(e)the re-establishment of vegetation in the reserve;

(f)the reclamation of land within the reserve;

(g)public safety within the reserve.

(3)The land manager may issue a permit to a person authorising the person to access a prohibited access area or a restricted access area.

15Offence to enter prohibited or restricted access area

(1)A person, other than a person to whom a permit has been issued under regulation 14(3), must not enter, or remain in, a prohibited access area.

Penalty:10 penalty units.

(2)A person, other than a person to whom a permit has been issued under regulation 14(3), must not enter, or remain in, a restricted access area unless that person does so in accordance with the determination under which the area is set aside.

Penalty:10 penalty units.

16Direction to leave reserve

An authorised officer may direct a person to leave a reserve or part of a reserve if the authorised officer reasonably believes that—

(a)the person has contravened the Act or these Regulations; or

(b)there is a risk to the person's safety.

17Failure to comply with direction to leave reserve

A person to whom a direction is given under regulation 16 must comply with that direction.

Penalty:10 penalty units.

18Gates

A person must immediately close a gate in a reserve that the person has opened.

Penalty:5 penalty units.


PART 4—PROTECTION OF ANIMALS

19Interfering with animals

(1)A person must not disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any animal in a reserve.

Penalty:20 penalty units.

(2)A person must not destroy, disturb or interfere with the nest, bower, display mound, lair or burrow of any animal in a reserve.

Penalty:20 penalty units.

(3)Subregulation (1) does not apply to a person who is in an area of a reserve that has not been set aside under subregulation (4) and the person—

(a)is the holder of a game licence—

(i)that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of game ducks during the open season for game ducks; or

(ii)that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of a specified pest animal during the open season for game ducks if the person—

(A)takes or destroys the specified test animal within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; and

(B)uses a shotgun to take or destroy the specified pest animal; or

(iii)that allows the hunting, taking or destroying of deer and is hunting, taking or is in possession of Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv)that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v)that allows the hunting, taking or destroying of deer and is hunting, taking or is in possession of Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b)is the holder of a game licence that allows the hunting, taking or destroying of game birds and is using a gundog to retrieve a specified pest animal during the open season for game ducks if that person—

(i)takes or destroys the specified pest animal within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; and

(ii)uses a shotgun to take or destroy the specified pest animal; and

(iii)brings the gundog into or allows the gundog to remain on the reserve in accordance with regulation 24(1); or

(c)is authorised to disturb, harass, remove, hunt, capture, take, kill, injure or otherwise destroy or interfere with an animal that is not wildlife in the reserve under and in accordance with a permit issued under subregulation (6).

Note

See also regulation 7(1) in relation to exemptions for members of a traditional owner group.

(4)The land manager may make a determination setting aside a specified area of a reserve as an area in which hunting is prohibited.

(5)The land manager must consult with the Game Management Authority before making a determination under subregulation (4).

(6)The land manager may issue a permit to a person authorising the person to disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with an animal that is not wildlife in a reserve.

20Feeding animals restricted

(1)A person must not feed, offer food to or offer any object as food to an animal in a reserve.

Penalty:15 penalty units.

(2)A person must not permit or allow food to be taken from the possession of that person by an animal in a reserve.

Penalty:15 penalty units.

(3)Subregulation (1) does not apply to a person if the person—

(a)brings the animal into the reserve in accordance with Part 5; or

(b)is authorised to feed the animal in the reserve under and in accordance with a permit issued under subregulation (4).

(4)The land manager may issue a permit to a person authorising the person to feed an animal in a reserve.

21Fishing

(1)The land manager may make a determination setting aside a specified area of a reserve as an area in which fishing is prohibited.

(2)A person must not fish in an area of a reserve that is set aside under subregulation (1).

Penalty:10 penalty units.

PART 5—RESTRICTIONS ON ANIMALS IN RESERVES

Division 1—Restrictions on animals other than dogs or horses

22Animals other than dogs or horses prohibited except in specified circumstances

(1)A person must not bring an animal into a reserve or allow an animal to remain in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person—

(a)brings the animal into the reserve to be used as bait for fishing; or

(b)confines the animal to a vehicle that is in transit; or

(c)is authorised to bring the animal into, or allow the animal to remain in, the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to bring an animal into, or allow an animal to remain in, a reserve.

(4)In this regulation—

animal does not include an assistance animal, a dog or a horse.

Division 2—Restrictions on dogs

23Dogs prohibited except in specified circumstances

(1)A person must not bring a dog into a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if—

(a)the dog is the person's assistance dog; or

(b)the person brings the dog into an area of the reserve that is set aside under regulation 26; or

(c)the person confines the dog to a vehicle that is in transit; or

(d)the person is authorised to bring the dog into the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 24.

(3)The land manager may issue a permit to a person authorising the person to bring a dog into an area of a reserve other than an area that is set aside under regulation 26.

24Gundogs

(1)Regulations 23(1) and 29 do not apply to a person during the period commencing 48 hours before the first day of the open season for game ducks and ending 48 hours after the last day of the open season for game ducks if—

(a)the person is the holder of a game licence that allows the hunting, taking or destroying of game birds; and

(b)the dog is a gundog; and

(c)the person brings the gundog into or allows the gundog to remain in the reserve for the purpose of flushing or retrieving game ducks; and

(d)the person ensures at all times that the gundog is—

(i)under the person's effective control; and

(ii)restrained from causing danger or unreasonable disturbance to any other person or wildlife.

(2)Regulations 23(1) and 29 do not apply to a person during the period commencing 48 hours before the first day of the open season for Stubble Quail and ending 48 hours after the last day of the open season for Stubble Quail if—

(a)the person is the holder of a game licence that allows the hunting, taking or destroying of game birds; and

(b)the dog is a gundog; and

(c)the reserve is a reserve that is listed in Schedule 2; and

(d)the person brings the gundog into or allows the gundog to remain in the reserve for the purpose of flushing or retrieving Stubble Quail; and

(e)the person ensures at all times that the gundog is—

(i)under the person's effective control; and

(ii)restrained from causing danger or unreasonable disturbance to any other person or wildlife.

25Dog faeces

A person who brings a dog into, or allows a dog to remain in, a reserve, must not leave any faeces deposited by that dog in the reserve unless the faeces—

(a)are placed in a receptacle provided for that purpose; or

(b)are buried.

Penalty:10 penalty units.

26Areas for dogs

The land manager may make a determination setting aside a specified area of a reserve as an area into which a person may bring a dog or a dog is allowed to remain.

Division 3—Restrictions on horses

27Horses prohibited except in specified circumstances

(1)A person must not bring a horse into a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if—

(a)the person brings the horse into an area of the reserve that is set aside under regulation 28; or

(b)the horse is confined to a vehicle that is in transit; or

(c)the person is authorised to bring the horse into the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to bring a horse into an area of a reserve other than an area that is set aside under regulation 28.

28Areas for horses

The land manager may make a determination setting aside a specified area of a reserve as an area into which a person may bring a horse or a horse is allowed to remain.

Division 4—Animals at large

29Person who has care and control of animal must keep animal under immediate control

A person who has care and control of an animal must ensure that the animal is under the immediate control of that person at all times while the animal is in a reserve.

Penalty:20 penalty units.

Note

See also regulation 24.

PART 6—USE OF HUNTING EQUIPMENT IN RESERVES

30Possession, use and carriage of poisons

(1)A person must not possess, carry or use a poison in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person who is authorised to possess, carry or use the poison in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to possess or carry in a reserve a poison that the person is otherwise authorised to possess, carry or use and to use that poison in relation to an animal that is not wildlife.

31Possession, use and carriage of traps

(1)A person must not possess, carry or use a trap in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person who is authorised to possess, carry or use the trap in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to possess or carry in a reserve a trap that the person is otherwise authorised to possess, carry or use and to use that trap in relation to an animal that is not wildlife.

(4)In this regulation—

trap means a trap, net, snare, pitfall or any other device used for, or capable of being used for, taking an animal but does not include any equipment designed for fishing.

32Possession or carriage of firearms, bows or crossbows

(1)A person must not possess or carry a firearm, bow or crossbow in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person who—

(a)is in an area of a reserve that is not set aside under regulation 19(4) and is the holder of a game licence—

(i)that allows the hunting, taking or destroying of game birds and the person is in possession of, or is carrying, the firearm for the purpose of taking or destroying game ducks, during the period commencing 48 hours before the first day of the open season for game ducks and ending 48 hours after the last day of the open season for game ducks; or

(ii)that allows the hunting, taking or destroying of game birds and the person is hunting or taking a specified pest animal using a shotgun or is in possession of a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii)that allows the hunting, taking or destroying of deer and the person is in possession of, or is carrying, the firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1, during the period commencing 48 hours before the first day of the open season for Hog Deer and ending 48 hours after the last day of the open season for Hog Deer; or

(iv)that allows the hunting, taking or destroying of game birds and the person is in possession of, or is carrying, the firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2, during the period commencing 48 hours before the first day of the open season for Stubble Quail and ending 48 hours after the last day of the open season for Stubble Quail; or

(v)that allows the hunting, taking or destroying of deer and the person is in possession of, or is carrying, the firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b)is authorised to possess or carry the firearm, bow or crossbow in the reserve under and in accordance with a permit issued under subregulation (3).

Notes

1     See also regulation 7(2) in relation to exemptions for members of a traditional owner group.

2     See also regulation 38(4).

(3)The land manager may issue a permit to a person authorising the person to possess or carry a firearm, bow or crossbow in a reserve.

33Use of firearms, bows or crossbows

(1)A person must not use a firearm, bow or crossbow in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person who—

(a)is in an area of the reserve that is not set aside under regulation 19(4) and is the holder of a game licence—

(i)that allows the hunting, taking or destroying of game birds and the person is using the firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(ii)that allows the hunting, taking or destroying of game birds and the person takes or destroys a specified pest animal using a shotgun during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii)that allows the hunting, taking or destroying of deer and the person is using the firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv)that allows the hunting, taking or destroying of game birds and the person is using the firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v)that allows the hunting, taking or destroying of deer and the person is using the firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b)is authorised to use the firearm, bow or crossbow in the reserve under and in accordance with a permit issued under subregulation (3).

Notes

1     See also regulation 7(3) in relation to exemptions for members of a traditional owner group.

2     See also regulation 38(4).

(3)The land manager may issue a permit to a person authorising the person to use a firearm, bow or crossbow in a reserve in relation to an animal that is not wildlife.

PART 7—PROTECTION OF NATURAL FEATURES

34Protection of flora

(1)A person must not cut, fell, pick, remove, uproot or damage any flora in a reserve.

Penalty:20 penalty units.

(2)A person must not be in possession of any flora in a reserve that is taken from that reserve.

Penalty:20 penalty units.

(3)Subregulation (1) does not apply to a person if the person—

(a)is authorised to cut, fell, pick, remove, uproot or damage flora in the reserve under and in accordance with a levee maintenance permit; or

(b)cuts, fells, picks, removes, uproots or damages the floral species Phragmites australis, Typha spp. or Leptospermum spp. in the reserve for the purposes of erecting a blind or hide in accordance with regulation 57.

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(4)Subregulation (2) does not apply to a person if the person is in possession of the floral species Phragmites australis, Typha spp. or Leptospermum spp. in the reserve that is taken from the reserve for the purposes of erecting a blind or hide in accordance with regulation 57.

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(5)In this regulation—

flora does not include fallen or felled trees.

35Areas for cutting and taking away fallen and felled trees as firewood

For the purposes of section 21AA(3)(b) of the Act, the land manager may make a determination setting aside a specified area of a reserve in which fallen or felled trees may be cut and taken away for use as firewood within the area.

Notes

1Regulation 49 prohibits a person lighting, kindling or maintaining a fire in a reserve in certain circumstances.

2A person who takes away 2 cubic metres or less of fallen or felled trees from an area that is set aside under this regulation is liable to a penalty under section 21AA(1) of the Act.

3A person who takes away more than 2 cubic metres of fallen or felled trees from an area that is set aside under this regulation is liable to a penalty under section 21AA(2) of the Act.

36Introducing or planting flora

(1)A person must not knowingly bring any flora into a reserve.

Penalty:20 penalty units.

(2)A person must not plant any flora in a reserve.

Penalty:20 penalty units.

(3)Subregulation (1) does not apply to a person if the person—

(a)is, in the reserve, in possession of flora that is a manufactured wooden object; or

(b)brings firewood into an area of the reserve that is set aside under subregulation (4).

(4)The land manager may make a determination setting aside a specified area of a reserve as an area into which firewood may be brought.

(5)In this regulation—

manufactured wooden object means a wooden vessel, a wooden fishing rod or a wooden walking stick.

37Damaging, defacing, removing or otherwise interfering with rocks

(1)A person must not damage, deface, remove or otherwise interfere with a rock in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person—

(a)collects or arranges rocks or stones in the reserve for the purpose of encircling a fire that is lit and maintained in accordance with regulation 49; or

(b)is authorised to damage, deface, remove or otherwise interfere with the rock in the reserve under and in accordance with—

(i)a permit issued under subregulation (3); or

(ii)a levee maintenance permit.

(3)The land manager may issue a permit to a person authorising the person to damage, deface, remove or otherwise interfere with a rock in a reserve.

PART 8—RECREATION, SAFETY AND AMENITY

38Tower Hill State Game Reserve

(1)A person must not discharge a firearm in the Tower Hill State Game Reserve on or within 100 metres of Wagon Bay.

Penalty:10 penalty units.

(2)A person must not discharge a firearm in the Tower Hill State Game Reserve on or within 100 metres of Fairy Island.

Penalty:10 penalty units.

(3)A person must not discharge a firearm in the Tower Hill State Game Reserve in or within 100 metres of any building located on the Tower Hill State Game Reserve.

Penalty:10 penalty units.

(4)Despite regulations 32 and 33 or anything to the contrary in the Wildlife (Game) Regulations 2024, a person must not possess, carry or use a firearm in the Tower Hill State Game Reserve at any time after 9 a.m. and before 5 p.m. on any day during the open season for game ducks.

Penalty:10 penalty units.

39Noisy devices or equipment

(1)A person must not use or operate any device or equipment in a reserve that produces noise that disturbs another person or that disturbs or harasses wildlife.

Penalty:10 penalty units.

(2)Subregulation (1) does not apply to a person if the person—

(a)is using the device or equipment for necessary medical purposes; or

(b)is operating a vehicle or vessel lawfully; or

(c)is discharging a firearm or using a duck or game caller while engaged in lawful hunting; or

(d)is authorised to use or operate the device or equipment in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to use or operate a device or equipment in a reserve.

40Engaging in sport or recreational activity

(1)The land manager may make a determination setting aside a specified area of a reserve as an area in which engaging in a sport or recreational activity is prohibited.

(2)A person must not engage in a sport or recreational activity in an area of a reserve that is set aside under subregulation (1).

Penalty:10 penalty units.

(3)Subregulation (2) does not apply to a person if the person is authorised to engage in the sport or recreational activity in the area of the reserve under and in accordance with a permit issued under subregulation (4).

(4)The land manager may issue a permit to a person authorising the person to engage in a sport or recreational activity in an area of a reserve that is set aside under subregulation (1).

41Organised events

(1)A person must not conduct an organised entertainment event, a sporting event or a recreational event in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to conduct the organised entertainment event, the sporting event or the recreational event in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to conduct an organised entertainment event, a sporting event or a recreational event in a reserve.

42Rallies, festivals and public meetings

(1)A person must not conduct a rally, festival, show, tour, fete or public meeting in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to conduct the rally, festival, show, tour, fete or public meeting in the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(3)The land manager may issue a permit to a person authorising the person to conduct a rally, festival, show, tour, fete or public meeting in a reserve.

43Demonstrations and training classes

(1)A person must not conduct a demonstration or training class in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to conduct the demonstration or training class in the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(3)The land manager may issue a permit to a person authorising the person to conduct a demonstration or training class in a reserve.

44Commercial activities

(1)A person must not conduct a commercial activity or offer for sale or hire any article or service in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to conduct the commercial activity in the reserve or offer for sale or hire the article or service in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to—

(a)conduct a commercial activity in a reserve; or

(b)offer an article or service for sale or hire in a reserve.

45Advertising material

(1)A person must not disseminate any advertising, commercial or promotional material in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to disseminate the advertising, commercial or promotional material in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to disseminate any advertising, commercial or promotional material in a reserve.

(4)In this regulation—

advertising, commercial or promotional material includes pamphlets or handbills.

46Commercial filming

(1)A person must not conduct commercial filming in a reserve.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to a person if the person is authorised to conduct commercial filming in the reserve under and in accordance with a permit issued under subregulation (3).

(3)The land manager may issue a permit to a person authorising the person to conduct commercial filming in a reserve.

(4)In this regulation—

commercial filming has the same meaning as in section 3 of the Filming Approval Act 2014.


PART 9—CAMPING AND CAMP FIRES

47Areas where camping is prohibited

(1)The land manager may make a determination setting aside a specified area of a reserve in which camping is prohibited.

(2)A person must not camp in an area of a reserve that is set aside under subregulation (1).

Penalty:10 penalty units.

48Restrictions on camping

(1)A person who camps in an area of a reserve that is not set aside under regulation 47(1) must not camp within 20 metres of any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty:10 penalty units.

(2)A person who camps in an area of a reserve that is not set aside under regulation 47(1) must not camp in the area for more than 42 consecutive nights.

Penalty:10 penalty units.

(3)A person who camps on a site within an area of a reserve that is not set aside under regulation 47(1) must maintain the site free of litter.

Penalty:10 penalty units.

(4)A person who camps on a site within an area of a reserve that is not set aside under regulation 47(1), before vacating the site, must clear from the site all litter and personal equipment for which that person is responsible.

Penalty:10 penalty units.

49Lighting, kindling or maintaining fires

(1)The land manager may make a determination setting aside a specified area of a reserve as an area in which lighting, kindling or maintaining a fire is prohibited.

(2)A person must not light, kindle or maintain a fire in the open air in an area of a reserve that is set aside under subregulation (1).

Penalty:20 penalty units.

(3)A person who lights, kindles or maintains a fire in the open air in an area of a reserve that is not set aside under subregulation (1) must ensure that—

(a)the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of inflammable material; and

(b)if the fire is in a commercial appliance—

(i)the fuel used in the appliance is of a type that the appliance has been designed and manufactured to use; and

(ii)the fire is contained in the appliance; and

(iii)when the fire is alight, the appliance is placed in a stable position.

Penalty:20 penalty units.

(4)A person who is in charge of a fire in an area of a reserve that is not set aside under subregulation (1) must extinguish that fire—

(a)immediately at the request of an authorised officer; or

(b)before leaving the fire.

Penalty:20 penalty units.

50Use of soaps and detergents

A person who uses any soap or detergent in a reserve must not dispose of that soap or detergent within 50 metres of any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty:10 penalty units.

51Hygiene

A person must not leave behind or deposit faeces in a reserve unless—

(a)if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or

(b)if the person is not in an area in which toilet facilities are provided and readily available, the person does so by burying those faeces at least 50 metres away from any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty:10 penalty units.

PART 10—VESSELS AND AIRCRAFT

52Vessels

(1)The land manager may make a determination setting aside a specified area of a reserve as an area in which any of the following activities is prohibited or restricted, either for all vessels or for a class of vessel that is specified in the determination—

(a)the launching of vessels;

(b)the landing of vessels;

(c)the loading and unloading of vessels;

(d)the mooring of vessels;

(e)the anchoring of vessels;

(f)the operating of vessels.

(2)A person must not launch, land, load, unload, moor, anchor or operate a vessel in an area of a reserve to which a determination under subregulation (1) applies unless that person does so in accordance with that determination.

Penalty:20 penalty units.

53Aircraft

(1)A person must not launch or land an aircraft in a reserve.

Penalty:10 penalty units.

(2)Subregulation (1) does not apply if the person is authorised to launch or land the aircraft—

(a)in an area of the reserve that is set aside under subregulation (5)(a); or

(b)in an area of the reserve that is not set aside under subregulation (5)(a) under and in accordance with a permit issued under subregulation (6)(a).

(3)A person must not deliver any thing into a reserve by use of an aircraft.

Penalty:10 penalty units.

(4)Subregulation (3) does not apply to a person if the person is authorised to deliver the thing by use of an aircraft—

(a)in an area of the reserve that is set aside under subregulation (5)(b); or

(b)in an area of the reserve that is not set aside under subregulation (5)(b) under and in accordance with a permit issued under subregulation (6)(b).

(5)The land manager may make a determination setting aside a specified area of a reserve as an area in which a person may—

(a)launch or land an aircraft or a class of aircraft specified in the determination; or

(b)deliver any thing by use of an aircraft or a class of aircraft specified in the determination.

(6)The land manager may issue a permit to a person authorising the person—

(a)to launch or land an aircraft in an area of a reserve that is not set aside under subregulation (5)(a); or

(b)to deliver any thing by use of an aircraft in an area of a reserve that is not set aside under subregulation (5)(b).

PART 11—BUILDINGS, STRUCTURES, BLIND OR HIDES AND TREE STANDS

Division 1—Buildings and structures

54Offence to occupy buildings and other structures

(1)A person must not occupy, use or enter a building or a structure (other than a blind or hide) that is not provided for use by the public.

Penalty:10 penalty units.

(2)A person who occupies, uses or enters a building or a structure in a reserve that is provided for use by the public must not occupy, use or enter the building or structure for a purpose other than the purpose for which the building or structure is provided.

Penalty:10 penalty units.

(3)Subregulation (1) does not apply to a person if the person—

(a)is camping in the building or structure in accordance with Part 9; or

(b)is authorised to occupy, use or enter the building or structure in the reserve under and in accordance with a permit issued under regulation 41(3) or 42(3).

55Offence to construct or erect buildings etc. or use a water pump

(1)A person must not construct or erect a sign, fence, building, bridge, fish-access facility, dam, weir, drain or any other structure (other than a blind or hide) in a reserve.

Penalty:10 penalty units.

(2)A person must not use a water pump in a reserve.

Penalty:10 penalty units.

(3)Subregulation (1) does not apply to a person if the person—

(a)is authorised to construct or erect the sign, fence, building, bridge, fish-access facility, dam, weir, drain or structure in the reserve under and in accordance with a permit issued under subregulation (5)(a); or

(b)is constructing or erecting a structure in the reserve for the purpose of camping in accordance with Part 9; or

(c)is authorised to construct or erect the sign, fence, building, bridge, fish-access facility, dam, weir, drain or structure in the reserve under and in accordance with a permit issued under regulation 40(4), 41(3), 42(3), 43(3), 44(3), 45(3) or 46(3); or

(d)is erecting the sign in the reserve in accordance with Division 2 of this Part; or

(e)is erecting a tree stand in the reserve in accordance with Division 2 of this Part; or

(f)is constructing a nest box in the reserve for the purpose of providing habitat for breeding birds.

(4)Subregulation (2) does not apply to a person if the person—

(a)is authorised to use the water pump in the reserve under and in accordance with a permit issued under subregulation (5)(b); or

(b)is authorised to use the water pump in the reserve under and in accordance with a permit issued under regulation 40(4), 41(3), 42(3), 43(3), 44(3), 45(3) or 46(3).

(5)The land manager may issue a permit to a person authorising the person—

(a)to construct or erect a sign, fence, building, bridge, fish-access facility, dam, weir, drain or any other structure in a reserve; or

(b)to use a water pump in a reserve.

(6)In this regulation—

nest boxmeans an artificial structure or box designed to harbour birds during the birds' nesting period.

Division 2—Blind or hides and tree stands

56Areas where blind or hides or tree stands are prohibited

(1)The land manager may make a determination setting aside a specified area of a reserve as an area in which erecting a blind or hide or tree stand is prohibited.

(2)A person must not erect a blind or hide or tree stand in an area of a reserve that is set aside under subregulation (1).

Penalty:10 penalty units.

57Requirements for the use and construction of blind or hides or tree stands

(1)A person must not erect a blind or hide in an area of a reserve that is not set aside under regulation 56(1) unless the blind or hide is erected for the purpose of—

(a)hunting game ducks, Sambar Deer or Hog Deer; or

(b)observing wildlife.

Penalty:10 penalty units.

(2)A person must not erect a tree stand in an area of a reserve that is not set aside under regulation 56(1) unless the tree stand is erected for the purpose of hunting, watching or taking wildlife.

Penalty:10 penalty units.

(3)A person must not erect a blind or hide in an area of a reserve that is not set aside under regulation 56(1) if the height of the blind or hide exceeds 2 metres and the floor area of the blind or hide exceeds 6 square metres.

Penalty:10 penalty units.

(4)A person must not fix a sign to a blind or hide erected in an area of a reserve that is not set aside under regulation 56(1) that extends above the height of the blind or hide.

Penalty:10 penalty units.

(5)A person must not remove, displace, deface or interfere with a blind or hide or tree stand erected in an area of a reserve that is not set aside under regulation 56(1) unless the person erected the blind or hide or tree stand or is assisting another person who erected the blind or hide or tree stand.

Penalty:10 penalty units.

58Requirement to dismantle blinds or hides or tree stands

(1)An authorised officer may direct a person who has erected a blind or hide or tree stand in an area of a reserve that is not set aside under regulation 56(1) to dismantle the blind or hide or tree stand within a reasonable time specified by the authorised officer if the authorised officer reasonably believes the direction is necessary—

(a)to protect the safety of any person in the reserve; or

(b)for the care, protection or management of the reserve.

(2)If a person to whom a direction is given under subregulation (1) does not dismantle the blind or hide or tree stand within the time specified by the authorised officer in the direction, the authorised officer may take any necessary steps to dismantle the blind or hide or tree stand.

59Offence to disobey a direction to dismantle blind or hide or tree stands

A person to whom a direction is given under regulation 58(1) must comply with that direction.

Penalty:10 penalty units.

SCHEDULE 1—STATE GAME RESERVES WHERE HUNTING HOG DEER IS PERMITTED

Regulations 7, 19(3), 32(2) and 33(2)

Title of Reserve Parish where Reserve is situated
Jack Smith Lake Woodside, Darriman
Lake Coleman Dulungalong
Clydebank Morass Nuntin
Dowd Morass Glencoe
Heart Morass Sale
Ewing Morass Tildesley East, Waygara, Newmerella

SCHEDULE 2—STATE GAME RESERVES WHERE HUNTING STUBBLE QUAIL IS PERMITTED

Regulations 7, 19(3), 24(2), 32(2) and 33(2)

Title of Reserve Parish where Reserve is situated
Mansfield Carag Carag
Gaynor Swamp Burramboot East
Wallenjoe Swamp Carag Carag
Rowan Swamp Karrabumet, Bungeet
Jack Smith Lake Woodside, Darriman
Lake Coleman Dulungalong
Jones Bay Broadlands
Macleod Morass Bairnsdale
Clydebank Morass Nuntin
Dowd Morass Glencoe
Blond Bay Goon Nure
Lake Connewarre Connewarre, Moolap, Bellarine
Heart Morass Sale
Hateleys Lake Arapiles
Bow Lake Jilpanger
Darlot Swamp Longerenong

SCHEDULE 3—STATE GAME RESERVES WHERE HUNTING SAMBAR DEER IS PERMITTED

Regulations 7, 19(3), 32(2) and 33(2)

Title of Reserve Parish where Reserve is situated
Ewing Morass Tildesley East, Waygara, Newmerella

SCHEDULE 4—SPECIFIED PEST ANIMALS

Regulations 7, 19(3), 32(2) and 33(2)

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

═════════════


ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Wildlife (State Game Reserves) Regulations 2024, S.R. No. 123/2024 were made on 29 October 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 87 of the Wildlife Act 1975, No. 8699/1975 and came into operation on 30 October 2024: regulation 3.

The Wildlife (State Game Reserves) Regulations 2024 will sunset 10 years after the day of making on 29 October 2034 (see section 5 of the Subordinate Legislation Act 1994).

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

There are no amendments made to the Wildlife (State Game Reserves) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details


[1] Reg. 4 def. of game bird: S.R. No. 81/2024.

——

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 2024 is $197.59. 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.

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