Wildlife (Game) Regulations 2001
i
Wildlife (Game) Regulations 2001
S.R. No. 90/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Revocation 2
5. Sunset provision—Revocation of Divisions 2 and 3 of Part 2 of
Schedule 5 2
6. Definitions 2
PART 2—GAME LICENCES 6
7. Application for a game licence 6
8. Waterfowl Identification Test 6
9. Granting of game licence for duck 6
10. Deer Hunting Test 7
11. Granting of game licence for deer 7
12. Game licence fees 7
13. Fee for variation of game licence 8
14. Issue of replacement game licence 8
15. Licence document as evidence 9
16. Change of address 9
17. Fee for ballot 9
18. Condition of game licences allowing the hunting or taking of
Sambar Deer with scent-trailing hounds 10
19. Condition of game licence requiring only registered scent-trailing
hounds to be used 10
20. Power of Secretary to cancel registration of a scent-trailing
hound 11
21. Power of Secretary to suspend registration of a scent-trailing
hound 12
22. Making submissions on suspension of the registration of a
scent-trailing hound 13
PART 3—OPEN AND CLOSE SEASONS AND BAG LIMITS 14
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23. Close season 14
24. Open season 14
25. Bag limit 14
PART 4—HUNTING METHODS 15
26. Twelve-gauge shotgun to be used when hunting game birds 15
27. Use of toxic shot 15
28. Approved methods for hunting deer 16
29. Use of baits, lures and decoys when hunting game 18
30. Use of dogs when hunting game birds 18
31. Use of dogs for hunting deer 19
32. Use of dogs in recognised deer habitat 21
33. Use of spotlights or electronic devices for hunting 21
34. Aircraft and motor vehicles not to be used for hunting game 22
35. Game fleeing from fire or smoke not to be hunted 22
36. Hunting at night prohibited 23
37. Hunting from motorboats prohibited 23
PART 5—POSSESSION AND USE OF GAME 24
38. Person taking or wounding game to kill that game on recovery 24
39. Possession of duck 24
40. Storage of game in freezing chamber 24
41. Game prohibited on commercial premises where food is cooked 25
42. Sale of game prohibited unless obtained lawfully 25
PART 6—HOG DEER TAGS 27
43. Application for Hog Deer Tags 27
44. Issue of Hog Deer Tags 27
45. Validity of Hog Deer Tags 27
46. Possession of Hog Deer 27
47. Requirement to attach tags to Hog Deer killed 27
48. Hog Deer not to be removed until tag is affixed 28
49. Removal of Hog Deer Tags 28
50. Hog Deer Tags to be obtained 28
51. Hog Deer Tags not to be sold etc. 29
52. Hog Deer Tags not to be altered, defaced or reproduced 29
53. Unused Hog Deer Tags to be returned 29
54. Hog Deer carcass to be taken to checking station 30
PART 7—SPECIFIED HUNTING AREAS AND SPECIFIED
TIMES—OPEN SEASON FOR DUCK 31
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55. Specified hunting areas 31
56. Times when entry onto or remaining in specified hunting areas
are prohibited 31
PART 8—DEER HUNTING AREAS 32
57. Prohibited deer hunting areas 32
58. Areas for hunting Sambar Deer with dogs 32
59. Fallow Deer hunting 32
__________________
SCHEDULES 33
SCHEDULE 1—Regulations Revoked 33
SCHEDULE 2—Close seasons for game 34
SCHEDULE 3—Open seasons for game 36
SCHEDULE 4—Bag limits for game 38
SCHEDULE 5—Gundogs—scent-trailing hounds 40
SCHEDULE 6—Recognised deer habitat 42
SCHEDULE 7—Shot which is not toxic shot 43
SCHEDULE 8—Hunting areas 45
SCHEDULE 9—Prohibited deer hunting areas 47
SCHEDULE 10—Areas for hunting sambar deer with dogs 50
═══════════════
ENDNOTES 53
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1
STATUTORY RULES 2001
S.R. No. 90/2001
Wildlife Act 1975
Wildlife (Game) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 11 September 2001
Responsible Minister:
SHERRYL GARBUT
Minister for Environment and Conservation
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are—
(a) to make further provision for the procedure
for granting and administering game
licences;
(b) to make further provision for open and close
seasons and bag limits;
(c) to regulate methods of hunting;
(d) to provide for the management of hunting
and the identification, possession and use of
game;
(e) to make further provision for specified
hunting areas.
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2. Authorising provisions
These Regulations are made under sections 22A,
58C and 87 of the Wildlife Act 1975.
3. Commencement
(1) These Regulations, except for regulations 10, 11,
19, 20, 21, 22 and 31(10), come into operation on
16 September 2001.
(2) Regulations 10 and 11 come into operation on
3 May 2003.
(3) Regulations 19, 20, 21, 22 and 31(10) come into
operation on 24 April 2004.
4. Revocation
The Regulations set out in Schedule 1 are
revoked.
5. Sunset provision—Revocation of Divisions 2 and 3 of
Part 2 of Schedule 5
Divisions 2 and 3 of Part 2 of Schedule 5 are
revoked on 24 April 2004.
6. Definitions
In these Regulations—
"bag limit" in relation to a taxon of game means
the bag limit prescribed by these Regulations
for that taxon of game;
"Deer Hunting Test" means the test that is
conducted by the Secretary under
regulation 10(1);
"established pest animal" has the same meaning
as in the Catchment and Land Protection
Act 1994;
"freezing chamber" means any facility capable
of being used for freezing or cold storage;
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"game bird" means any taxon of bird listed in
Part 2 of Schedule 3;
"gundog" means a dog from a breed listed in
Part 1 of Schedule 5;
"Hog Deer Tag" means a tag that is issued in
accordance with regulation 44;
"motor boat" means a boat which has at least
one motor fitted or attached which when
operating is capable of propelling the boat
and includes any craft known as an "airboat"
or "hovercraft";
"park" has the same meaning as in the National
Parks Act 1975;
"possession" in relation to shot, a firearm or a
spotlight includes any of the following—
(a) physical possession of the shot, firearm
or spotlight;
(b) custody or control of the shot, firearm
or spotlight;
(c) access to the shot, firearm or spotlight,
either solely or in common with others;
"recognised deer habitat" means an area
referred to in Schedule 6;
"regulated spotlight" means a spotlight that is
not—
(a) an artificial light with a power source
of 4·5 volts or less; or
(b) a domestic source of light used for
domestic purposes; or
(c) an emergency source of light used for
emergency purposes; or
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(d) light on a motor vehicle fixed in
accordance with the Road Safety Act
1986;
"scent-trailing hound" means a dog from a
breed or class referred to in Part 2 of
Schedule 5;
"secured" in relation to a firearm, magazine,
ammunition or shot in a vehicle means—
(a) in the case of a vehicle with a boot or
storage area (that is not a glove box),
being in a securely fastened case or
container locked in the boot or storage
area of the vehicle; or
(b) in the case of a vehicle without a boot
or other storage area (that is not a glove
box), being in a securely fastened case
or container stowed in a part of the
vehicle not readily accessible by any
occupant of the vehicle;
"spotlight" means any of the following—
(a) a source of artificial light;
(b) an infrared device;
(c) a night viewing device;
"State Game Reserve" means an area classified
as a State Game Reserve under section 15 of
the Act;
"take" means to gain possession or control of
wildlife by any means and also includes
causing, permitting or assisting in taking
wildlife;
"the Act" means the Wildlife Act 1975;
"toxic shot" means shot which is not of a class or
type described in Schedule 7;
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"Waterfowl Identification Test" means the test
that is conducted by the Secretary under
regulation 8(1);
"waterway" means—
(a) a river, creek, stream or watercourse; or
(b) a natural channel in which water
regularly flows, whether or not the flow
is continuous; or
(c) a channel formed wholly or partly by
the alteration or relocation of any such
river, creek, stream, watercourse or
channel.
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PART 2—GAME LICENCES
7. Application for a game licence
(1) A person who is applying for a game licence must
do so in the form provided for the purpose by the
Secretary.
(2) A person who is applying for a game licence may
be required by the Secretary—
(a) to set out in the application—
(i) his or her personal particulars; and
(ii) details of any convictions for offences
under the Act, the Firearms Act 1996
or the Prevention of Cruelty to
Animals Act 1986 during the 10 years
preceding the application; and
(iii) the class or classes of game for which
the licence is required; and
(b) to provide with the application—
(i) evidence to verify his or her personal
particulars; and
(ii) the fee to be paid for the licence under
regulation 12.
8. Waterfowl Identification Test
(1) The Secretary may conduct a test on the
identification of taxons of waterfowl.
(2) Where a person is required to take part in the
Waterfowl Identification Test, the person must
pay the fee determined by the Secretary.
(3) The fee determined by the Secretary for the
Waterfowl Identification Test must not
exceed $55.
9. Granting of game licence for duck
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A person applying for a game licence under
section 22A of the Act, or for a variation to such a
licence, for the hunting or taking of duck must
undertake and obtain a pass in the Waterfowl
Identification Test.
10. Deer Hunting Test
(1) The Secretary may conduct a test in relation to
deer hunting which includes the following
matters—
(a) understanding the Act and these Regulations
and the law relating to the hunting of deer;
and
(b) principles for the use of firearms or bows or
both; and
(c) ethics of hunting; and
(d) any other matters determined by the
Secretary.
(2) Where a person is required to take part in the Deer
Hunting Test, the person must pay the fee
determined by the Secretary.
(3) The fee determined by the Secretary for the Deer
Hunting Test must not exceed $55.
11. Granting of game licence for deer
A person applying for a game licence or for a
variation of a game licence for the hunting or
taking of Sambar Deer with the use of scent-
trailing hounds must undertake and obtain a pass
in the Deer Hunting Test.
12. Game licence fees
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(1) Subject to sub-regulations (2) and (3), the fees to
be paid to the Secretary by an applicant for a
game licence for the hunting or taking of the
category of game listed in Column 1 of the Table
of Game Licence Fees is the amount set out
opposite that category of game in Column 2 of
that Table.
Table of game licence fees
Column 1 Column 2
Category of game Fee
Game birds $40 per year or part year
Deer $40 per year or part year
Game birds and deer $64 per year or part year
(2) If an applicant for a game licence satisfies the
Secretary that he or she is an eligible recipient
within the meaning of the State Concessions Act
1986 the fee to be paid for a game licence is half
that of the fee to be paid under sub-regulation (1).
(3) The fee to be paid by an applicant for a game
licence who is under the age of 18 years is a fee
which is half that of the fee in sub-regulation (1).
(4) A person who holds a game licence to hunt or take
a category of game listed in Column 1 of the
Table of Game Licence Fees who applies to have
the licence varied to hunt or take another category
of game listed in that Table, in addition to the
variation fee payable under regulation 13, must
pay the difference, if any, between the fees for the
categories of game listed in the Table.
13. Fee for variation of game licence
The fee for an application for a variation of a
game licence is $10.
14. Issue of replacement game licence
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(1) The Secretary may, upon payment by the game
licence holder of a fee of $10, issue a game
licence to replace one which has been stolen, lost,
damaged or destroyed.
(2) A game licence holder who applies for a
replacement game licence must provide personal
particulars necessary to identify the applicant,
including evidence to verify those particulars.
(3) The Secretary may require a game licence holder
who applies for a replacement game licence to
comply with any of the requirements of
regulation 7.
15. Licence document as evidence
(1) If the Secretary has granted a game licence to a
person, the Secretary may issue a document to that
person as evidence of that fact.
(2) It is a condition of a game licence that a document
issued under sub-regulation (1) must be signed by
the holder of the licence.
16. Change of address
A person who holds a game licence must notify
the Secretary if that person changes his or her
address and must forward his or her game licence
to the Secretary for amendment within 7 days of
changing address.
Penalty: 2 penalty units.
17. Fee for ballot
(1) Where a game licence holder is required to take
part in a ballot, the game licence holder must pay
the fee determined by the Secretary.
(2) The fee determined by the Secretary under sub-
regulation (1) must not exceed $50.
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18. Condition of game licences allowing the hunting or
taking of Sambar Deer with scent-trailing hounds
For the purposes of section 22A(3) of the Act, a
game licence which allows a person to hunt or
take Sambar Deer with the use of a scent-trailing
hound is subject to the condition that the person
must not hunt or take Sambar Deer with the use of
a scent-trailing hound unless—
(a) if—
(i) the person is hunting alone, the person
is using at the time of hunting, no more
than 5 scent-trailing hounds; or
(ii) the person is hunting in a team, the
team is using, at the time of hunting, no
more that 5 scent-trailing hounds; and
(b) if a person is hunting in a team, the team
consists of not more than 10 persons.
19. Condition of game licence requiring only registered
scent-trailing hounds to be used
(1) For the purposes of section 22A(3) of the Act, a
game licence which allows a person to hunt or
take Sambar Deer with the use of a scent-trailing
hound is subject to the condition that the holder of
a licence must not use a scent-trailing hound for
the hunting or taking of Sambar Deer, unless that
hound is registered with the Secretary.
(2) On application by the owner of a scent-trailing
hound, the Secretary may register a scent-trailing
hound if—
(a) the Secretary has consulted with a person or
body approved by the person responsible for
the regulation of hunting under the
Prevention of Cruelty to Animals Act
1986; and
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(b) the hound is identified by—
(i) in the case of a scent-trailing hound
which is 12 months of age or older, the
implantation of a microchip, the
information on which can be detected
and decoded by a multireader capable
of reading Destron and Trovan
microchips; or
(ii) in the case of a scent-trailing hound
which is less than 12 months of age, a
legible ear tattoo of the registration
number of that hound.
(3) The registration of a scent-trailing hound, unless
sooner cancelled, suspended or surrendered,
remains in force for the period specified in the
notice of registration, which must not exceed three
years.
20. Power of Secretary to cancel registration of a scent-
trailing hound
(1) The Secretary may cancel the registration of a
scent-trailing hound, by notice in writing given to
the owner of the hound, if the Secretary is
satisfied, on reasonable grounds, that—
(a) the owner knowingly provided false or
misleading information with the application
for registration; or
(b) the hound has been found in circumstances
in which the owner and possessor (within the
meaning of regulation 31) would be guilty of
an offence against regulation 31(4) in respect
of the hound; or
(c) the owner has been found guilty of an
offence against the Act or these Regulations
in respect of the hound; or
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(d) the hound no longer complies with the
conditions of registration under regulation
19(2)(b).
(2) Before cancelling the registration of a hound the
Secretary must—
(a) notify the owner that he or she proposes to
cancel the registration; and
(b) allow the owner an opportunity to make
written submissions.
(3) Submissions under sub-regulation (2) must be
made within the period specified in the notice.
(4) In making a decision as to whether or not to
cancel the registration of a hound, the Secretary
must—
(a) have regard to any submissions made under
sub-regulation (2) within the period specified
in the notice; and
(b) must notify the owner of his or her decision.
21. Power of Secretary to suspend registration of a scent-
trailing hound
(1) The Secretary may suspend the registration of a
scent-trailing hound, by notice in writing to the
owner, if the Secretary is satisfied, on reasonable
grounds, that—
(a) the owner knowingly provided false or
misleading information with the application
for registration; or
(b) the hound has been found in circumstances
in which the owner and possessor (within the
meaning of regulation 31) would be guilty of
an offence against regulation 31(4) in respect
of the hound; or
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(c) the owner has been found guilty of an
offence against the Act or these Regulations
in respect of the hound; or
(d) the hound no longer complies with the
conditions of registration under regulation
19(2)(b).
(2) A suspension under this regulation has effect—
(a) from the time specified in the notice given
under sub-regulation (1), which must be after
the day on which the notice is given; and
(b) subject to regulation 22, for the period (not
exceeding 90 days) specified in the notice.
22. Making submissions on suspension of the registration
of a scent-trailing hound
(1) On suspending the registration of a hound, the
Secretary must allow the owner of the hound an
opportunity to make written submissions.
(2) Submissions must be made within the period
specified in the notice of suspension.
(3) On receiving any submissions under sub-
regulation (2), the Secretary must review the
decision to suspend the registration, and in doing
so must have regard to the submissions and may
decide—
(a) not to revoke or amend the suspension; or
(b) to revoke or amend the suspension.
(4) The Secretary must notify the owner of the
outcome of the review.
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PART 3—OPEN AND CLOSE SEASONS AND BAG LIMITS
23. Close season
For the purposes of the Act, the close season for a
kind or taxon of game is set out in Schedule 2.
24. Open season
For the purposes of the Act, the open season for a
kind or taxon of game is set out in Schedule 3.
25. Bag limit
A person must not, in relation to a taxon of game
set out in Schedule 4, take or destroy more than
the number of game set out in that Schedule for
that taxon, in the period set out in that Schedule
for that number of game.
Penalty: 20 penalty units.
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PART 4—HUNTING METHODS
26. Twelve-gauge shotgun to be used when hunting game
birds
A person must not hunt, take or destroy game
birds other than with a shotgun having a gauge no
greater than 12 gauge.
Penalty: 20 penalty units.
27. Use of toxic shot
(1) A person must not—
(a) use toxic shot to hunt, take or destroy ducks;
or
(b) be in possession of toxic shot—
(i) in the course of hunting ducks; or
(ii) within an area in which he or she
intends to hunt ducks; or
(iii) within a State Game Reserve.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply in the following
circumstances—
(a) in any period from 1 January 2002 to
31 December 2004 when a person is hunting
or taking or intending to hunt or take ducks
in the open season for duck if the person is
using a shotgun with a gauge of less than
12 gauge; or
(b) when a person is hunting or taking or
intending to hunt or take ducks in the open
season for duck, if the person is using a
muzzle-loading, Damascus steel or twist
barrelled shotgun.
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(3) Sub-regulation (1)(b) does not apply where the
shot is secured in a vehicle.
(4) Sub-regulation (1)(b)(iii) does not apply when a
person is in possession of toxic shot while hunting
or intending to hunt quail in an area specified in
Schedule 2 of the Wildlife (State Game Reserve)
Regulations 1994.1
28. Approved methods for hunting deer
(1) A person must not hunt, take or destroy Red Deer
or Sambar Deer other than by the use of—
(a) a centre-fire rifle having a calibre of no less
than 6·85 mm (0·270") with ammunition
which has a cartridge case length of no less
than 51 mm (2") and a projectile weight of
no less than 8·45 grams (130 grains); or
(b) a muzzle-loading rifle having a calibre of no
less than 11·45 mm (0·45"), with a projectile
of not less than 14·91 grams (230 grains) in
weight; or
(c) a long bow having a draw-weight of no less
than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
(d) a recurved bow having a draw-weight of no
less than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
(e) a compound bow having a peak-weight of no
less than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
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(f) a cross-bow having a draw-weight of no less
than 36·6 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades.
Penalty: 20 penalty units.
(2) A person must not hunt, take or destroy any other
deer declared to be game other than by the use
of—
(a) a centre-fire rifle having a calibre of no less
than 6·17 mm (0·243") with ammunition
which has a cartridge case length of no less
than 51 mm (2") and a projectile weight of
no less than 5·51 grams (85 grains); or
(b) a muzzle-loading rifle having a calibre of no
less than 11·45 mm (0·45") with a projectile
of not less than 8·62 grams (133 grains) in
weight; or
(c) a long bow having a draw-weight of no less
than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
(d) a recurved bow having a draw-weight of no
less than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
(e) a compound bow having a peak-weight of no
less than 22·5 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades; or
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(f) a cross-bow having a draw-weight of no less
than 36·6 kilograms, using a broad-head
arrow having a minimum weight of no less
than 25 grams and a minimum of two
sharpened cutting blades.
Penalty: 20 penalty units.
29. Use of baits, lures and decoys when hunting game
(1) A person must not 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.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a decoy made
or constructed to resemble or represent a
waterbird or any call resembling the call of a
waterbird or deer.
30. Use of dogs when hunting game birds
(1) A person must not use a dog when hunting or
taking game birds or cause or permit a dog to be
so used.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to—
(a) gundogs used to locate, flush, point or
retrieve game birds during an open season;
or
(b) gundogs used in any field trials conducted
during an open season, by an organisation
approved by the Secretary; or
(c) gundogs being trained to locate, point or
flush game birds during the close season if a
person accompanying a dog being so trained
is not carrying or using any firearm other
than a starter's pistol.
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31. Use of dogs for hunting deer
(1) A person must not use a dog for hunting deer
other than—
(a) a registered scent-trailing hound for the
purpose of scent-trailing Sambar Deer; or
(b) a gundog for the purpose of locating,
pointing or flushing Sambar Deer.
Penalty: 20 penalty units.
(2) A person hunting alone must not use more than
2 gundogs for the purpose of locating, pointing or
flushing Sambar Deer.
Penalty: 20 penalty units.
(3) A person hunting in a team must ensure that the
team does not use more than 2 gundogs for the
purpose of locating, pointing or flushing Sambar
Deer.
Penalty: 20 penalty units.
(4) If while hunting deer, a scent-trailing hound is
found—
(a) on private property; or
(b) in a park, other than in accordance with the
National Parks Act 1975; or
(c) in any area prohibited by these Regulations;
or
(d) in any other area closed under Part XI of the
Act—
the owner of the scent-trailing hound or the
possessor of the scent-trailing hound (if the
possessor of the hound is not the owner) is guilty
of an offence and liable to a penalty of not more
than 20 penalty units.
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(5) Sub-regulation (4) does not apply to a scent-
trailing hound found on private property where
the owner or possessor of the scent-trailing hound
has permission to hunt deer on that property using
scent-trailing hounds from the owner of the
property, or, where the owner is not the occupier,
from the occupier of the property.
(6) For the purposes of sub-regulation (4),
"possessor" in relation to a scent-trailing hound
means a person who keeps or harbours the hound
or has the scent-trailing hound in his or her care
for the time being whether the hound is at large, is
restrained or is in confinement.
(7) A person who uses a dog for hunting deer in
accordance with this regulation, must ensure that
the dog 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.
Penalty: 20 penalty units.
(8) A person who uses a scent-trailing hound for
hunting deer must ensure that the hound does not
attack, bite or maim wildlife.
Penalty: 20 penalty units.
(9) In this regulation and in regulation 32 "registered
scent-trailing hound" means a scent-trailing
hound that is registered with the person
responsible for the regulation of hunting under the
Prevention of Cruelty to Animals Act 1986.
(10) In this regulation and in regulation 32 "registered
scent-trailing hound" means a scent-trailing
hound that is registered by the Secretary under
regulation 19.
(11) Sub-regulation (9) is revoked on the day on which
sub-regulation (10) comes into operation.
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32. Use of dogs in recognised deer habitat
(1) A person who is hunting on public land in
recognised deer habitat must not have in his or her
care or control a dog (that is not a registered
scent-trailing hound or gundog) unless the dog is
restrained or confined.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a person who
has the approval in writing of the Secretary to
have such a dog in his or her care or control.
33. Use of spotlights or electronic devices for hunting
(1) A person must not use any of the following to
hunt game—
(a) a spotlight;
(b) an electronic device (that is not a dot sight
that does not project a beam);
(c) a recorded sound.
Penalty: 20 penalty units.
(2) A person must not—
(a) be in possession of a regulated spotlight and
a firearm; or
(b) be in possession of a regulated spotlight and
be in company with a person in possession of
a firearm; or
(c) 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.
Penalty: 20 penalty units.
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(3) Sub-regulation (2) does not apply to a person—
(a) if the person is in the process of controlling
established pest animals within 500 metres
outside of the boundary of freehold land
which is owned or occupied by that person
or a person for whom that person acts as
agent; or
(b) if the person is in the company of a person to
whom paragraph (a) applies; or
(c) if the person is the holder of an authorisation
under section 28A of the Act and is acting in
accordance with that authorisation; or
(d) in the case of a person who is in a vehicle in
which there is a firearm, magazine or
ammunition if—
(i) any such firearm is unloaded and
secured; and
(ii) any such magazine is unloaded and
secured; and
(iii) any such ammunition is secured; and
(iv) any regulated spotlight in or on the
vehicle is not in use.
34. Aircraft and motor vehicles not to be used for hunting
game
A person must not hunt or take game or cause,
permit or assist in the hunting or taking of game
from an aircraft or motor vehicle.
Penalty: 20 penalty units.
35. Game fleeing from fire or smoke not to be hunted
A person must not hunt, take or destroy game that
is fleeing from fire or smoke.
Penalty: 20 penalty units.
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36. Hunting at night prohibited
A person must not hunt, take or destroy game
during the period commencing a half-hour after
sunset on any day and ending a half-hour before
sunrise on the next day.
Penalty: 20 penalty units.
37. Hunting from motorboats prohibited
(1) A person must not hunt, take or destroy duck or
cause, permit or assist in the hunting, taking or
destroying of duck from a motor boat whose
motor is running whether in gear or not.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to—
(a) a motor boat under power which is operating
at a speed of 5 knots or less in any waterway;
or
(b) a motor boat under power which is operating
at a speed of 5 knots or less for the purpose
of retrieving dead or wounded duck.
_______________
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PART 5—POSSESSION AND USE OF GAME
38. Person taking or wounding game to kill that game on
recovery
A person who takes game which is alive when
recovered must immediately kill that game.
Penalty: 20 penalty units.
39. Possession of duck
A person who has in his or her possession any
taxon of duck must leave one fully feathered wing
attached to the duck until immediately prior to
cooking or until that duck has been taken to the
person's ordinary place of residence.
Penalty: 2 penalty units.
40. Storage of game in freezing chamber
(1) A person must not have game in his or her
possession or control in a freezing chamber in any
shop, commercial premises or business premises
except in accordance with the following
conditions—
(a) the game must be contained within a bag or
receptacle;
(b) any bag or receptacle containing any game
must have a tag securely attached on which
the following particulars are legibly
written—
(i) the name and address of the owner of
the game; and
(ii) the date on which the game was placed
in the freezing chamber; and
(iii) the game licence number under which
the game was taken.
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Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to any
refrigerator, deep freeze or cold storage in any
domestic premises.
41. Game prohibited on commercial premises where food
is cooked
(1) A person must not have in his or her possession or
control on commercial premises in which food is
cooked or served, any game other than game
which has been obtained from a Game Bird Farm,
Deer Farm or Wildlife Processor licensed under
the Act or from licensed interstate sources.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to the
possession or control of game by an organisation
which has the approval in writing of the Secretary
to serve that game at a meal conducted by that
organisation.
42. Sale of game prohibited unless obtained lawfully
(1) A person must not sell or expose for sale any
game.
Penalty: 20 penalty units.
(2) Sub-regulation (1)—
(a) does not apply to any person—
(i) who holds a licence, permit or other
authority issued under section 22 or
28A or Part IX of the Act which entitles
the person to sell any taxon of wildlife
declared to be game; and
(ii) who is acting in accordance with that
licence, permit or authority; and
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(b) does not apply to any person who receives
game from a commercial interstate source
authorised under the laws of that State or
Territory to sell the game.
_______________
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PART 6—HOG DEER TAGS
43. Application for Hog Deer Tags
(1) A person who is applying for Hog Deer Tags must
do so in a manner determined by the Secretary.
(2) A person who is applying for Hog Deer Tags may
be required by the Secretary to provide evidence
of a game licence held by that person.
44. Issue of Hog Deer Tags
The Secretary may issue 2 Hog Deer Tags per
year to any holder of a game licence under section
22A of the Act for the hunting or taking of deer.
45. Validity of Hog Deer Tags
A Hog Deer Tag is valid only for the year for
which it is issued.
46. Possession of Hog Deer
(1) A person must not have in his or her possession or
control the carcass of any female Hog Deer unless
a Hog Deer Tag marked with the letter "F' is
affixed to the hind leg.
Penalty: 20 penalty units.
(2) A person must not have in his or her possession or
control the carcass of any male Hog Deer unless a
Hog Deer Tag marked with the letter "M" is
affixed to the hind leg.
Penalty: 20 penalty units.
47. Requirement to attach tags to Hog Deer killed
A person who kills a Hog Deer must immediately
affix a Hog Deer Tag to the hind leg of the deer in
the following manner—
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(a) the tag must be affixed above the hock by
inserting the end of the tag between the main
bone of the leg and the main tendon;
(b) the tag must then completely encircle the
main bone and must be securely locked in
position.
Penalty: 20 penalty units.
48. Hog Deer not to be removed until tag is affixed
A person who kills any Hog Deer must not
remove the Hog Deer from where it has been
killed unless a Hog Deer Tag is affixed to the hind
leg in accordance with regulation 47.
Penalty: 20 penalty units.
49. Removal of Hog Deer Tags
A person must not, without the written approval of
the Secretary—
(a) remove 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
in accordance with regulation 54 by the
holder of the game licence under the
authority of which the Hog Deer was taken;
or
(b) remove the head or dismember any Hog
Deer killed until the body of that deer has
been removed to a checking station in
accordance with regulation 54 by the holder
of the game licence under the authority of
which the Hog Deer was taken.
Penalty: 20 penalty units.
50. Hog Deer Tags to be obtained
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A person must not hunt, take or destroy Hog Deer
without having in his or her possession one Hog
Deer Tag marked with the letter "F" for female or
one Hog Deer Tag marked with the letter "M" for
male.
Penalty: 20 penalty units.
51. Hog Deer Tags not to be sold etc.
A person issued with a Hog Deer Tag must not
sell, give, lend or transfer that Hog Deer Tag to
any other person.
Penalty: 20 penalty units.
52. Hog Deer Tags not to be altered, defaced or
reproduced
A person must not alter, deface or reproduce a
Hog Deer Tag.
Penalty: 20 penalty units.
53. Unused Hog Deer Tags to be returned
A person who is issued with Hog Deer Tags for a
year must, within 28 days of the last day of each
open season in the year for which the Hog Deer
Tags were issued, forward to the Secretary, by
registered post—
(a) a complete and accurate return for the year
detailing—
(i) the name, and address of the person and
the game licence number of the licence
under which the tags have been issued;
and
(ii) if the person has taken any Hog Deer in
the year, where and when the person
took the deer; and
(iii) the amount of time the person spent
hunting for Hog Deer; and
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(iv) any other particulars regarding the
taking of Hog Deer by the person that
the Secretary requires; and
(b) any Hog Deer Tags issued to the person for
the year which the person has not used.
Penalty: 10 penalty units.
54. Hog Deer carcass to be taken to checking station
(1) The Secretary may nominate places, to be known
as checking stations, for the purposes of recording
biological, physical and other information about
Hog Deer taken.
(2) The Secretary must publish a notice in the
Government Gazette giving details of the location
and opening times of the checking stations.
(3) A person who takes a Hog Deer during the open
season must—
(a) within 24 hours of the taking of the deer,
take the Hog Deer carcass to a checking
station nominated under sub-regulation (1)
during the hours that the checking station is
open for business; and
(b) provide any biological sample from the Hog
Deer carcass that is requested by the
Secretary for the purpose of examination for
any disease or disorder.
Penalty: 20 penalty units.
_______________
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PART 7—SPECIFIED HUNTING AREAS AND SPECIFIED
TIMES—OPEN SEASON FOR DUCK
55. Specified hunting areas
For the purposes of section 58C of the Act, the
following are declared to be specified hunting
areas—
(a) the waters of any State Game Reserve and
the land within 5 metres of the water
shoreline of those waters;
(b) the waters of the hunting areas described in
Schedule 8 and the land within 5 metres of
the water shoreline of those waters.
56. Times when entry onto or remaining in specified
hunting areas are prohibited
For the purposes of section 58C(1) of the Act, the
following times are specified as the times during
which entry onto or remaining in a specified
hunting area is prohibited—
(a) from the commencement of the open season
for ducks until 10.00 a.m. on the first
Saturday of the open season for ducks in
each year;
(b) between the hours of 5.00 p.m. on the first
Saturday of the open season for ducks and
10.00 a.m. on the first Sunday of the open
season for ducks in each year.
_______________
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PART 8—DEER HUNTING AREAS
57. Prohibited deer hunting areas
A person must not hunt, take or destroy deer
within the areas of Victoria indicated by shading
on the plans in Parts 1, 2 and 3 of Schedule 9.
Penalty: 20 penalty units.
58. Areas for hunting Sambar Deer with dogs
A person must not hunt, take or destroy Sambar
Deer with scent-trailing hounds or gundogs in any
area of Victoria other than within that part of the
area shown by shading on the plan in Part 1 of
Schedule 10 (part of the boundary of which is
shown in greater detail on the plan in Part 2 of
Schedule 10) that does not include the area shown
by shading on the plan in Part 3 of Schedule 10.
Penalty: 20 penalty units.
59. Fallow Deer hunting
(1) A person must not hunt, take or destroy Fallow
Deer in Victoria.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a person who
hunts, takes or destroys Fallow Deer on private
land where that person has permission to do so,
before the hunting takes place, from the owner of
the land, or, where the owner is not the occupier
of the land, from the occupier of the land.
__________________
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SCHEDULES
SCHEDULE 1
Regulation 4
REGULATIONS REVOKED
S.R. No. Title
254/1990 Wildlife (Game) Regulations 1990
32/1991 Wildlife (Game) (Hunting) Regulations 1991
34/1991 Wildlife (Game) (Amendment) Regulations 1991
9/1992 Wildlife (Game) (Licence Fees) Regulations 1992
56/1992 Wildlife (Game) (Amendment) Regulations 1992
25/1994 Wildlife (Game) (Amendment) Regulations 1994
27/1994 Wildlife (Game) (Hunting Season) Regulations 1994
15/1996 Wildlife (Game) (Human Safety) Regulations 1996
21/1996 Wildlife (Game) (Ducks – Open Season) Regulations
1996
98/1996 Wildlife (Game) (Amendment) Regulations 1996
20/1998 Wildlife (Game) (Specified Hunting Area) Regulations
1998
10/2000 Wildlife (Game) (Amendment) Regulations 2000
25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001
—————————
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SCHEDULE 2
Regulation 23
CLOSE SEASONS FOR GAME
Common Name Scientific Name Close Season
PART 1—DEER
Chital Deer Axis axis For the whole of each
year.
Hog Deer Axis porcinus From 30 minutes after
sunset on the last day in
April in each year to
30 minutes before
sunrise on the first day in
April in the next year
following.
Red Deer Cervus elaphus From 30 minutes after
sunset on the last day in
July in each year to
30 minutes before
sunrise on the first day in
June in the next year
following.
Rusa Deer Cervus timorensis For the whole of each
year.
Sambar Deer Cervus unicolor When taken or hunted
with scent-trailing
hounds, from 30 minutes
after sunset on the last
day of November in each
year to 30 minutes before
sunrise on the second
Saturday after Easter
Sunday in the next year
following.
PART 2—GAME BIRDS
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Common Name Scientific Name Close Season
Stubble Quail Coturnix pectoralis From 30 minutes after
sunset on the last day in
June to 30 minutes
before sunrise on the
first Saturday in April in
the next year following.
Latham's (Japanese
or Jack) Snipe
Gallinago hardwickii For the whole of each
year.
Pacific Black Duck
Australasian (Blue
Winged) Shoveler
Chestnut Teal
Grey Teal
Hardhead
(White-eyed) Duck
Australian
Shelduck
(Mountain Duck)
Pink-eared Duck
Australian Wood
Duck (Maned
Duck)
Anas superciliosa
Anas rhynchotis
Anas castanea
Anas gibberifrons
Aythya australis
Tadorna tadornoides
Malacorhynchus
membranaceus
Chenonetta jubata
From 30 minutes after
sunset on the second
Monday in June in each
year until 0710 hours
(Daylight Saving Time)
east of the line of
longitude at 146°30'
east, 0720 hours
(Daylight Saving Time)
between the line of
longitude at 146°30'
east and the line of
longitude at 142°30'
east and 0730 hours
(Daylight Saving Time)
west of the line of
longitude at 142°30'
east, on the third
Saturday in March in
the next year following.
—————————
Sch. 2
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SCHEDULE 3
Regulation 24
OPEN SEASONS FOR GAME
Common Name Scientific Name Open Season
PART 1—DEER
Fallow Deer Dama dama For the whole of each
year.*
Hog Deer Axis porcinus From 30 minutes before
sunset on the first day in
April until 30 minutes after
sunset on the last day of
April in each year.
Red Deer Cervus elaphus From 30 minutes before
sunrise on the first day in
June until 30 minutes after
sunset on the last day in
July each year.
Sambar Deer Cervus unicolor When not taken or hunted
with scent-trailing hounds,
for the whole of the year.
When taken or hunted with
scent-trailing hounds, from
30 minutes before sunrise
on the second Saturday
after Easter Sunday until
30 minutes after sunset on
the last day of November
in each year.
* Note: This only applies to private land, see regulation 59.
Common Name Scientific Name Open Season
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Common Name Scientific Name Open Season
PART 2—GAME BIRDS
Stubble Quail Coturnix pectoralis From 30 minutes before
sunrise on the first
Saturday in April until
30 minutes after sunset on
the last day in June in each
year.
Pacific Black
Duck
Australasian
(Blue Winged)
Shoveler
Chestnut Teal
Grey Teal
Hardhead (White-
eyed Duck)
Australian
Shelduck
(Mountain Duck)
Pink-eared Duck
Australian Wood
Duck (Maned
Duck)
Anas superciliosa
Anas rhynchotis
Anas castanea
Anas gibberifrons
Aythya australis
Tadorna tadornoides
Malacorhynchus
membranaceus
Chenonetta jubata
From 0710 hours
(Daylight Saving Time)
east of the line of
longitude at 146º30' east,
0720 hours (Daylight
Saving Time) between
the line of longitude at
146º30' east and the line
of longitude at 146º30'
east and the line of
longitude at 142º30' east
and 0730 hours (Daylight
Saving Time) west of the
line of longitude at
142º30' east, on the third
Saturday in March in
each year until
30 minutes after sunset
on the second Monday in
June in each year.
Pheasants
Partridges
European and
Japanese Quail
Californian Quail
Phasianus spp.
Alectoris and Perdix
spp.
Coturnix coturnix
Lophortyx
californicus
For the whole of each
year.
—————————
Sch. 3
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SCHEDULE 4
Regulation 25
BAG LIMITS FOR GAME
Common Name Scientific Name Bag Limit
Fallow Deer Dama dama No limit.*
Hog Deer Axis porcinus A maximum of one male
and one female during an
open season.
Sambar Deer Cervus unicolor No limit.
Red Deer Cerbus elaphus No limit.
Stubble Quail Conturnix pectoralis A maximum of twenty
on any day during an
open season.
Pacific Black
Duck
Australasian
(Blue Winged)
Shoveler
Chestnut Teal
Grey Teal
Hardhead (White-
eyed Duck)
Australian
Shelduck
(Mountain Duck)
Pink-eared Duck
Australian Wood
Duck (Maned
Duck)
Anas superciliosa
Anas rhjynchotis
Anas castanea
Anas gibberifrons
Aythya australis
Tadorna tadornoides
Malacorhynchus
membranaceus
Chenonetta jubata
A maximum of ten
ducks, which may
include no more than
two Australasian (Blue
Winged) Shovelers, on
any day during an open
season.
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Common Name Scientific Name Bag Limit
Pheasants
Partridges
European and
Japanese Quail
Californian Quail
Phasianus spp.
Alectoris and Perdix
spp.
Coturnix coturnix
Lophortyx californicus
No limit.
* Note: This only applies to private land, see regulation 59.
—————————
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SCHEDULE 5
Regulation 6
PART 1—GUNDOGS
Brittany Spaniel (Epagneul Breton)
Chesapeake Bay Retriever
Clumber Spaniel
Cocker Spaniel
Cocker Spaniel (American)
Curly Coated Retriever
English Setter
English Springer Spaniel
Field Spaniel
Flat Coated Retriever
German Shorthaired Pointer
German Wirehaired Pointer (Deutsch Drahthaar)
Golden Retriever
Gordon Setter
Hungarian Viszla
Irish Red and White Setter
Irish Setter
Irish Water Spaniel
Italian Spinone
Labrador Retriever
Large Munsterlander
Nova Scotia Duck Tolling Retriever
Pointer
Sussex Spaniel
Weimaraner
Welsh Springer Spaniel
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PART 2—SCENT-TRAILING HOUNDS
Division 1
Bloodhound
Beagle
Division 2
Basset Hound
Foxhound
Harrier
Division 3
Any cross between the breeds set out in Divisions 1 and 2
—————————
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SCHEDULE 6
Regulation 6
RECOGNISED DEER HABITAT
All Crown land in the following Municipalities—
Alpine
Ararat Rural City
Baw Baw
Cardinia
Colac-Otway
Corangamite
Delatite
East Gippsland
Glenelg
Horsham Rural City
Murrindindi
Pyrenees
Rural City of Wangaratta
South Gippsland
Southern Grampians
Northern Grampians
Strathbogie
Towong
Wellington
Whittlesea City
Yarra Ranges.
—————————
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SCHEDULE 7
Regulation 6
SHOT WHICH IS NOT TOXIC SHOT
Shot commonly known by the description set out in Column 1 and
constituted as described in the corresponding part of Column 2
Column 1 Column 2
Steel (a) At least 98 per cent by weight iron; and
(b) Not more than 1 per cent each by weight
of any other element.
Bismuth (a) At least 96 per cent by weight bismuth;
and
(b) Not more than 4 per cent by weight tin;
and
(c) Not more than 1 per cent by weight of
any other element.
Tungsten—Matrix (a) At least 86 per cent by weight tungsten;
and
(b) Not more than 5 per cent by weight
nickel; and
(c) Not more than 3 per cent by weight
iron; and
(d) Not more than 3 per cent by weight
ethylene methacrylic acid copolymer;
and
(e) Not more than 1 per cent by weight of
any other element or compound.
Tungsten—Iron (a) At least 45 per cent by weight iron; and
(b) Not more than 55 per cent by weight
tungsten; and
(c) Not more than 1 per cent by weight of
any other element.
Tungsten—Polymer (a) At least 93 per cent by weight tungsten;
Sch. 7
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Column 1 Column 2
and
(b) Not more than 7 per cent by weight
Nylon 6 or Nylon 11; and
(c) Not more than 1 per cent by weight of
any other element or compound.
Tin (a) At least 98 per cent by weight tin; and
(b) Not more than 1 per cent by weight of
any other element.
—————————
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SCHEDULE 8
Regulation 55
HUNTING AREAS
Area Municipal district of the Council of
Backwater Morass Wellington and East Gippsland
Browns Lake (Cope Cope) Buloke
Cullens Lake Gannawarra
Cundare Pool Colac-Otway
Fosters Swamp Gannawarra
Grassy Lake Buloke
Green Lake Campaspe
Lake Batyo Catyo Northern Grampians
Lake Boort Loddon
Lake Buloke Buloke
Lake Charm Gannawarra
Lake Colongulac Corangamite
Lake Coradgill Corangamite
Lake Gnarpurt Corangamite
Lake Kakydra Wellington
Lake Kanagulk Horsham
Lake Kelly Gannawarra
Lake Lalbert Gannawarra
Lake Leaghur Loddon
Lake Lyndger Loddon
Lake MacDonald Gannawarra
Lake Marmal Loddon
Lake Martin Corangamite and Colac-Otway
Lake Melanhydra Wellington
Lake Murphy Gannawarra
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Area Municipal district of the Council of
Lake Nillahcootie Delatite
Lake Nurrumbeet Buloke
Lake Reeve Wellington
Lake Tutchewop Gannawarra
Lake William Gnangara
Little Lake Buloke Buloke
Little Lake Charm Gannawarra
Loch Garry Greater Shepparton
Meridian Road Basins Mildura
Morley Swamp Wellington
Racecourse Lake Campaspe
Red Morass Wellington
Town Swamp Gannawarra
Two Tree Swamp Campaspe
Victoria Lagoon Wellington
Woolshed Swamp Loddon
Wooroonook Lakes Buloke.
—————————
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SCHEDULE 9
Regulation 57
PROHIBITED DEER HUNTING AREAS
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PART 2
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PART 3
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SCHEDULE 10
Regulation 58
AREAS FOR HUNTING SAMBAR DEER WITH DOGS
PART 1
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PART 2
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PART 3
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ENDNOTES
1 Reg. 27: S.R. No. 192/1994. Reprint No. 1 as at 6 August 1998.
Reprinted to S.R. No. 67/1996.
Endnotes
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