Wildlife Further Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Wildlife Further Amendment Regulations 2014 S.R. No. 155/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 1 4 Taking of wildlife 1 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 155/2014 Wildlife Act 1975 Wildlife Further Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 7 October 2014 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Wildlife Regulations 2013 to permit certain hunting methods to be used by a person acting under and in accordance with an authorisation order under section 83 of the Traditional Owner Settlement Act 2010. 2 Authorising provision These Regulations are made under section 87 of the Wildlife Act 1975. 3 Principal Regulations In these Regulations, the Wildlife Regulations 2013 1 are called the Principal Regulations. 4 Taking of wildlife (1) In regulation 41(1) of the Principal Regulations, after "subregulation (6)" insert "or (6A)". -- 2 of 6 -- S.R. No. 155/2014 Wildlife Further Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel (2) In regulation 41(2) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6B)". (3) In regulation 41(4) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6C)". (4) In regulation 41(5) of the Principal Regulations, after "A person" insert "other than a person referred to in subregulation (6D)". (5) After regulation 41(6) of the Principal Regulations insert— "(6A) A person does not commit an offence under subregulation (1) in circumstances where— (a) the person is using a trap, non- poisonous bait, lure or decoy to attract wildlife for the purpose of taking that wildlife; and (b) the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and (c) the use of that trap, non-poisonous bait, lure or decoy is not prohibited under that authorisation order. (6B) A person does not commit an offence under subregulation (2) in circumstances where— (a) the person is using a firearm from a boat that is operating at a speed of 5 knots or less to take wildlife; and r. 4 -- 3 of 6 -- S.R. No. 155/2014 Wildlife Further Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (b) the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and (c) the use of that firearm is not prohibited under that authorisation order. (6C) A person does not commit an offence under subregulation (4) in circumstances where— (a) the person is using an artificial light, electronic device or recorded sound to hunt or take wildlife; and (b) the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and (c) the use of that artificial light, electronic device or recorded sound is not prohibited under that authorisation order. (6D) A person does not commit an offence under subregulation (5) in circumstances where— (a) the person is using a gun, bow or other weapon for the purpose of taking wildlife; and (b) the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; and (c) the use of that gun, bow or other weapon is not prohibited under that authorisation order.". r. 4 -- 4 of 6 -- S.R. No. 155/2014 Wildlife Further Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (6) For regulation 41(7) of the Principal Regulations substitute— "(7) In this regulation— non-poisonous bait means bait that is not impregnated with any poison; wildlife does not include game.". ═══════════════ r. 4 -- 5 of 6 -- S.R. No. 155/2014 Wildlife Further Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3: S.R. No. 64/2013 as amended by S.R. No. 75/2014. Endnotes -- 6 of 6 --