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Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002

Legislation · Victoria · 2020
i Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 S.R. No. 18/2002 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Amendment to Schedule of Offences 2 ═══════════════ ENDNOTES 18 -- 1 of 19 -- 1 STATUTORY RULES 2002 S.R. No. 18/2002 Conservation, Forests and Lands Act 1987 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 13 March 2002 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend the Schedule to the Conservation, Forests and Lands (Infringement Notice) Regulations 1992— (a) to amend the item numbers for certain prescribed offences; and (b) to make other minor amendments. 2. Authorising provisions These Regulations are made under sections 91 and 99 of the Conservation, Forests and Lands Act 1987. -- 2 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 2 3. Amendment to Schedule of Offences For items 4400 to 4458 of the Schedule to the Conservation, Forests and Lands (Infringement Notice) Regulations 19921 substitute— '6501 An offence under regulation 25 of the Wildlife (Game) Regulations 20012 $100 take or destroy more than the number of game set out in Schedule 4 of the Wildlife (Game) Regulations 2001 as the bag limit for that taxon 6502 An offence under regulation 27(1)(a) of the Wildlife (Game) Regulations 2001 $100 use toxic shot to hunt, take or destroy ducks other than under the circumstances specified in regulation 27(2) of the Wildlife (Game) Regulations 2001 6503 An offence under regulation 27(1)(b)(i) of the Wildlife (Game) Regulations 2001 $100 be in possession of toxic shot in the course of hunting ducks other than in the circumstances specified in regulation 27(2) or in accordance with regulation 27(3) of the Wildlife (Game) Regulations 2001 6504 An offence under regulation 27(1)(b)(ii) of the Wildlife (Game) Regulations 2001 $100 be in possession of toxic shot within an area in which he or she intends to hunt duck other than in the circumstances specified in regulation 27(2) or in accordance with regulation 27(3) of the Wildlife (Game) Regulations 2001 r. 3 -- 3 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 3 6505 An offence under regulation 27(1)(b)(iii) of the Wildlife (Game) Regulations 2001 $100 be in possession of toxic shot within a State Game Reserve other than in the circumstances specified in regulation 27(2) or in accordance with regulation 27(3) or (4) of the Wildlife (Game) Regulations 2001 6506 An offence under regulation 29(1) of the Wildlife (Game) Regulations 2001 $100 hunt or take game or cause, permit or assist in the hunting or taking of game using any bait, lure, decoy or live animal to attract game other than in accordance with regulation 29(2) of the Wildlife (Game) Regulations 2001 6507 An offence under regulation 30(1) of the Wildlife (Game) Regulations 2001 $100 use a dog when hunting or taking game birds or cause or permit a dog to be so used other than in accordance with regulation 30(2) of the Wildlife (Game) Regulations 2001 6508 An offence under regulation 31(2) of the Wildlife (Game) Regulations 2001 $100 use more than 2 gundogs for the purpose of locating, pointing or flushing Sambar Deer when hunting alone r. 3 -- 4 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 4 6509 An offence under regulation 31(3) of the Wildlife (Game) Regulations 2001 $100 use more than 2 gundogs for the purpose of locating, pointing or flushing Sambar Deer when hunting in a team 6510 An offence under regulation 31(4)(a) of the Wildlife (Game) Regulations 2001 $150 as a person who owns or possesses a scent- trailing hound, allow a scent-trailing hound to be found on private property without permission of the owner or occupier, while hunting deer 6511 An offence under regulation 31(4)(b) of the Wildlife (Game) Regulations 2001 $150 as a person who owns or possesses a scent- trailing hound, allow a scent-trailing hound to be found in a park other than in accordance with the National Parks Act 1975, while hunting deer 6512 An offence under regulation 31(4)(c) of the Wildlife (Game) Regulations 2001 $150 as a person who owns or possesses a scent- trailing hound, allow a scent-trailing hound to be found in any area prohibited by the Wildlife (Game) Regulations 2001, while hunting deer 6513 An offence under regulation 31(4)(d) of the Wildlife (Game) Regulations 2001 $150 as a person who owns or possesses a scent- trailing hound, allow a scent-trailing hound to be found in any area closed under Part XI of the Wildlife Act 1975, while hunting deer r. 3 -- 5 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 5 6514 An offence under regulation 31(7) of the Wildlife (Game) Regulations 2001 $100 fail to ensure that a scent-trailing hound is wearing a collar to which is securely attached a metal tag or label on which is legibly printed the name and address or name, address and telephone number of the owner of the dog 6515 An offence under regulation 32(1) of the Wildlife (Game) Regulations 2001 $100 as a person who is hunting on public land in recognised deer habitat, have the care or control of a dog (that is not a registered scent- trailing hound or gundog) that is not restrained or confined without written approval of the Secretary 6516 An offence under regulation 33(2)(a) of the Wildlife (Game) Regulations 2001 $150 be in possession of a regulated spotlight and a firearm in a recognised deer habitat between the hours of sunset and sunrise other than in accordance with regulation 33(3) of the Wildlife (Game) Regulations 2001 6517 An offence under regulation 33(2)(b) of the Wildlife (Game) Regulations 2001 $150 be in possession of a regulated spotlight and be in company with a person in possession of a firearm in a recognised deer habitat between the hours of sunset and sunrise other than in r. 3 -- 6 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 6 accordance with regulation 33(3) of the Wildlife (Game) Regulations 2001 6518 An offence under regulation 33(2)(c) of the Wildlife (Game) Regulations 2001 $150 be in possession of a firearm and be in company with a person in possession of a regulated spotlight in a recognised deer habitat between the hours of sunset and sunrise other than in accordance with regulation 33(3) of the Wildlife (Game) Regulations 2001 6519 An offence under regulation 36 of the Wildlife (Game) Regulations 2001 $100 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 6520 An offence under regulation 37(1) of the Wildlife (Game) Regulations 2001 $100 hunt, take or destroy duck or cause, permit or assist in the hunting, taking or destroying of duck from a motor boat while the motor is running whether in gear or not other than in accordance with regulation 37(2) of the Wildlife (Game) Regulations 2001 6521 An offence under regulation 38 of the Wildlife (Game) Regulations 2001 $100 fail to kill live game immediately upon recovery r. 3 -- 7 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 7 6522 An offence under regulation 39 of the Wildlife (Game) Regulations 2001 $100 fail to leave one fully feathered wing attached to a duck until immediately prior to cooking or until that duck has been taken to the person's ordinary place of residence 6523 An offence under regulation 46(1) of the Wildlife (Game) Regulations 2001 $100 possess or control any female Hog Deer carcass without a Hog Deer Tag marked with the letter "F" affixed to the hind leg 6524 An offence under regulation 46(2) of the Wildlife (Game) Regulations 2001 $100 possess or control any male Hog Deer carcass without a Hog Deer Tag marked with the letter "M" affixed to the hind leg 6525 An offence under regulation 47 of the Wildlife (Game) Regulations 2001 $100 fail, after killing a Hog Deer to immediately affix a Hog Deer Tag in the manner specified in regulation 47 of the Wildlife (Game) Regulations 2001 6526 An offence under regulation 49(a) of the Wildlife (Game) Regulations 2001 $100 remove, without the written approval of the Secretary, the Hog Deer Tag from the body of any Hog Deer killed until the body of that deer has been removed to a checking station r. 3 -- 8 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 8 6527 An offence under regulation 49(b) of the Wildlife (Game) Regulations 2001 $100 remove, without the written approval of the Secretary, the head or dismember any Hog Deer killed until the body of that deer has been removed to a checking station 6528 An offence under regulation 50 of the Wildlife (Game) Regulations 2001 $100 hunt, take or destroy Hog Deer without possession of Hog Deer Tags as required by regulation 50 of the Wildlife (Game) Regulations 2001 6529 An offence under regulation 53 of the Wildlife (Game) Regulations 2001 $100 fail to forward to the Secretary by registered post within 28 days of the last day of each open season for which the Hog Deer Tags were issued a complete and accurate Hog Deer return and any unused Hog Deer Tags 6530 An offence under regulation 54(3)(a) of the Wildlife (Game) Regulations 2001 $100 fail, when taking Hog Deer during the open season, to take the Hog Deer carcass to a checking station within 24 hours of the taking of the deer r. 3 -- 9 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 9 6531 An offence under regulation 54(3)(b) of the Wildlife (Game) Regulations 2001 $100 fail, when taking Hog Deer during the open season, to provide any biological sample from the Hog Deer carcass when requested by the Secretary for the purpose of examination for any disease or disorder 6532 An offence under regulation 58 of the Wildlife (Game) Regulations 2001 $150 hunt, take or destroy Sambar Deer with scent-trailing hounds or gundogs in any area of Victoria outside the area shown by shading on the plan in Part 1 of Schedule 10 of the Wildlife (Game) Regulations 2001 that does not include the area shown by shading on the plan in Part 3 of Schedule 10 6533 An offence under regulation 59(1) of the Wildlife (Game) Regulations 2001 $150 hunt, take or destroy Fallow Deer in Victoria other than in accordance with regulation 59(2) of the Wildlife (Game) Regulations 2001 6534 An offence under section 58C of the Wildlife Act 1975 $100 during the open season for duck, enter on or remain in a specified hunting area at any time in the season as specified in the Wildlife (Game) Regulations 2001 r. 3 -- 10 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 10 6535 An offence under regulation 48(1) of the Alpine Resorts (Management) Regulations 19983 $100 use a toboggan, sled, ski-bob or inflatable device in an alpine resort other than in an area that has been set aside under regulation 10 of the Alpine Resorts (Management) Regulations 1998 as an area where the use of those devices is permitted 6536 An offence under regulation 10(2) of the Water Industry (Reservoir Parks Land) Regulations 20014 $100 use a facility in reservoir parks land, for which a fee or charge is payable, without paying that fee or charge 6537 An offence under regulation 11(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 fell, pick, remove or damage any tree, shrub, plant, wildflower or other vegetation whether dead or alive in reservoir parks land 6538 An offence under regulation 11(6) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 enter an area set aside under regulation 8(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area to which access is prohibited r. 3 -- 11 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 11 6539 An offence under regulation 14(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 light or maintain a fire or barbecue in reservoir parks land other than in accordance with regulation 14(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 6540 An offence under regulation 14(4) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 fail to extinguish a fire or barbecue lit or maintained in reservoir parks land before leaving the place of the fire or barbecue 6541 An offence under regulation 15(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 cause a vehicle to enter or remain in any part of reservoir parks land in an area set aside under regulation 9(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area in which it is prohibited to cause vehicles to enter or remain 6542 An offence under regulation 15(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 cause a vehicle of a particular class to enter or remain in any part of reservoir parks land set aside under regulation 9(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area where it is prohibited to cause vehicles of that particular class to enter or remain r. 3 -- 12 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 12 6543 An offence under regulation 16(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 park a vehicle in reservoir parks land other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under which the area has been set aside 6544 An offence under regulation 16(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 park a vehicle in an area of reservoir parks land set aside for the parking of vehicles of a particular class other than a vehicle of that class and where the person is acting in accordance with the terms of the determination of the Secretary under which the area has been set aside 6545 An offence under regulation 18(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 bring into, leave or allow an animal to remain in reservoir parks land, other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose or other than in accordance with regulation 18(4) of r. 3 -- 13 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 13 the Water Industry (Reservoir Parks Land) Regulations 2001 6546 An offence under regulation 18(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 allow an animal under the care and control of a person to stray or wander into reservoir parks land 6547 An offence under regulation 18(3) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 fail to ensure that an animal in a person's care and control in reservoir parks land is kept under effective control and (subject to regulations 19, 20(2) and 29(3) of the Water Industry (Reservoir Parks Land) Regulations 2001), is restrained by a lead, halter or other similar means and does not interfere with the use and enjoyment of that land by other persons or animals 6548 An offence under regulation 19 of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 exercise a dog off- lead in reservoir parks land, other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose r. 3 -- 14 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 14 6549 An offence under regulation 20(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 ride, lead or drive a horse, donkey or camel or draw a vehicle by a horse, donkey or camel in reservoir parks land other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under which the area is set aside 6550 An offence under regulation 20(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 leave a horse, donkey or camel unbridled or unattended in reservoir parks land other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under which the area is set aside 6551 An offence under regulation 20(3) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 ride or drive a horse, donkey or camel abreast of more than one other horse, donkey or camel on any path, track or road in reservoir parks land r. 3 -- 15 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 15 6552 An offence under regulation 20(4) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 ride or drive a horse, donkey or camel in a manner which may disturb or be dangerous to any person or fauna or damage flora in reservoir parks land 6553 An offence under regulation 20(5) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 allow a horse, donkey or camel under a person's care or control to damage any part of a tree or a shrub in reservoir parks land 6554 An offence under regulation 21(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 camp in reservoir parks land other than in accordance with regulation 21(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 6555 An offence under regulation 24 of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 possess or carry any glass bottle, glass container or glass utensil in any part of reservoir parks land set aside under regulation 9(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area in which the possession or carriage of glass bottles, glass containers or glass utensils is prohibited r. 3 -- 16 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 16 6556 An offence under regulation 25 of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 possess alcohol in any reservoir parks land set aside under regulation 9(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area in which the possession of alcohol is prohibited 6557 An offence under regulation 28(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 conduct, in reservoir parks land, any sporting contest, demonstration or training class, other than in an area set aside for that purpose under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 6558 An offence under regulation 28(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 in an area of reservoir parks land set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for the purpose of conducting any sporting contest, demonstration or training class, conduct such activity without a permit and other than in accordance with that permit r. 3 -- 17 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 17 6559 An offence under regulation 29(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 conduct in reservoir parks land, any animal show or competition, other than in an area set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose 6560 An offence under regulation 29(2) of the Water Industry (Reservoir Parks Land) Regulations 2001 $100 in an area in reservoir parks land set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for the purpose of conducting an animal show or competition, conduct such an animal show or competition without a permit and other than in accordance with that permit'. ═══════════════ r. 3 -- 18 of 19 -- S.R. No. 18/2002 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 18 ENDNOTES 1 Reg. 3: S.R. No. 164/1992. Reprint No. 3 as at 23 November 1999. Subsequently amended by S.R. Nos 148/1999, 9/2000, 14/2000, 36/2001, 86/2001 and 165/2001. 2 Reg. 3: S.R. No. 90/2001. 3 Reg. 3: S.R. No. 46/1998. 4 Reg. 3: S.R. No. 125/2001. Endnotes -- 19 of 19 --