Wildlife (Game) (Deer Amendment) Regulations 2001

i Wildlife (Game) (Deer Amendment) Regulations 2001 S.R. No. 25/2001 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. Definitions 2 6. Insertion of new regulation 12A 4 12A. Fee for ballot 4 7. Insertion of new regulation 12B 4 12B. Condition of Game Licences allowing the hunting or taking of Sambar Deer with scent-trailing hounds 4 8. Use of dogs in recognised deer habitat 6 19A. Use of dogs in recognised deer habitat 6 9. Use of hounds for hunting deer 6 10. Substitution of regulation 21 7 21. Use of spotlights or electronic devices for hunting 7 11. Close and open seasons for Sambar Deer 9 12. Schedule of recognised habitats 9 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2001 S.R. No. 25/2001 Wildlife Act 1975 Wildlife (Game) (Deer Amendment) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 27 March 2001 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to further regulate the use of spotlights and electronic devices in hunting game; and (b) to further regulate the open and close seasons for deer; and (c) to make further provision for the management of hunting with the use of scent-trailing hounds; and (d) to make other minor amendments to the Wildlife (Game) Regulations 1990. 2. Authorising provision These Regulations are made under section 87 of the Wildlife Act 1975. -- 2 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 2 3. Commencement (1) These Regulations, except for regulations 7 and 11, come into operation on 29 March 2001. (2) Regulations 7 and 11 come into operation on 28 April 2001. 4. Principal Regulations In these Regulations the Wildlife (Game) Regulations 19901 are called the Principal Regulations. 5. Definitions In Regulation 5 of the Principal Regulations— (a) insert the following definitions— ' "established pest animal" has the same meaning as in the Catchment and Land Protection Act 1994; "park" has the same meaning as in the National Parks Act 1975; "recognised deer habitat" means an area referred to in the Eighth Schedule; "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 or emergency source of light; or (c) a light on a motor vehicle fixed in accordance with the Road Safety Act 1986; r. 3 -- 3 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 3 "secured" in relation to a firearm, magazine or ammunition in a vehicle means— (a) in the case of a vehicle with a boot or storage area (other than a glove box), being in a closed 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 (other than a glove box), being in a closed 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;'; (b) for the definition of "possession" substitute— ' "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;'. r. 5 -- 4 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 4 6. Insertion of new regulation 12A After regulation 12 of the Principal Regulations insert— "12A. Fee for ballot Where a Game Licence holder is required to take part in a ballot, the Game Licence holder must pay a fee not exceeding $50.00.". 7. Insertion of new regulation 12B After regulation 12A of the Principal Regulations insert— "12B. Condition of Game Licences allowing the hunting or taking of Sambar Deer with scent-trailing hounds (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 person must not hunt or take Sambar Deer with the use of a scent- trailing hound unless— (a) if the person is— (i) hunting alone, the person is using, at the time of hunting, no more than 5 scent-trailing hounds; or (ii) hunting in a team, the team is using, at the time of hunting, no more than 5 scent-trailing hounds; and (b) the person completes a log prior to the commencement of the hunt recording all of the following— (i) the person's name and signature; r. 6 -- 5 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 5 (ii) the date of the hunt; (iii) the person's Game Licence number; (iv) the nearest crossroad to the area in which the person will commence the hunt; (v) the registration number of each of the dogs with which he or she proposes to hunt; and (c) where the person is hunting in a team, the person records the details required under paragraph (b) together with the similar details recorded by each other member of the hunting team; and (d) the person has, during the hunt, on his or her person a copy or an original of— (i) where the person is hunting alone, the details required under paragraph (b); or (ii) where the person is hunting in a team, the details required under paragraph (b) for that person together with the details required under paragraph (b) for all other members of the team; and (e) the person ensures that the details the person is required, under paragraph (d), to have on his or her person are— (i) accurate and legible; and (ii) not altered, after the commencement of the hunt; and (iii) not defaced. r. 7 -- 6 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 6 (2) 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 following conditions— (a) that the person must ensure that any details that the person is required, under sub-regulation (1)(d), to have on his or her person are made available for inspection by an authorised officer, upon the person receiving a request from the authorised officer to do so; and (b) that the person must ensure that any details that the person is required, under sub-regulation (1)(d), to have on his or her person are retained until the last day in December following the end of the open season in which the hunt to which the details relate has taken place.". 8. Use of dogs in recognised deer habitat After regulation 19 of the Principal Regulations insert— "19A. 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: 10 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.". 9. Use of hounds for hunting deer r. 8 -- 7 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 7 After regulation 20(2) of the Principal Regulations insert— '(2A) If a scent-trailing hound is found— (a) on private property without the permission of the owner or occupier; or (b) in a park, other than in accordance with the National Parks Act 1975— the owner of the scent-trailing hound and the possessor of the scent-trailing hound (if the possessor of the hound is not the owner) are guilty of an offence and liable to a penalty of not more than 20 penalty units. (2B) For the purposes of sub-regulation (2A), "possessor" in relation to a scent-trailing hound, means the person who keeps or harbours the hound or has the hound in his or her care for the time being, whether the hound is at large, is restrained or is in confinement.'. 10. Substitution of regulation 21 For regulation 21 of the Principal Regulations substitute— "21. 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— -- 8 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 8 (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. (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 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, a magazine or ammunition if— (i) any such firearm is unloaded and secured; and (ii) any such magazine is unloaded and secured; and r. 10 -- 9 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 9 (iii) any such ammunition is secured; and (iv) any regulated spotlight in or on the vehicle is not in use.". 11. Close and open seasons for Sambar Deer (1) In Part 1 of the Second Schedule to the Principal Regulations, at the end of the Part insert— "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.". (2) In Part 1 of the Third Schedule to the Principal Regulations, for— "Sambar Deer Cervus unicolor For the whole of each year."; substitute— "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.". 12. Schedule of recognised habitats r. 11 -- 10 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 10 After the Seventh Schedule to the Principal Regulations insert— "EIGHTH SCHEDULE Regulation 5 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 Strathbogie Towong Wellington Whittlesea City Yarra Ranges.". ═══════════════ r. 12 -- 11 of 12 -- S.R. No. 25/2001 Wildlife (Game) (Deer Amendment) Regulations 2001 11 ENDNOTES 1 Reg. 4: S.R. No. 254/1990. Reprint No. 2 as at 12 February 1998. Reprinted to S.R. No. 98/1996 and subsequently amended by S.R. Nos 20/1998 and 10/2000. Endnotes -- 12 of 12 --