Wildlife (Game) (Human Safety) Regulations 1996

i Wildlife (Game) (Human Safety) Regulations 1996 S.R. No. 15/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Revocations 2 5. Amendment of objectives in Principal Regulations 2 6. Definitions 2 7. New Part 6 inserted 2 PART 6—CONDUCT DURING OPEN SEASON FOR DUCK 3 41. Entry to permitted hunting area prohibited to certain persons 3 42. Proximity of persons to hunters restricted in permitted hunting areas 3 43. Application of Regulations 5 44. Authority to enter into permitted hunting area 5 8. New Schedule inserted 6 FIFTH SCHEDULE 6 9. Amendment to Conservation, Forests and Lands (Infringement Notice) Regulations 1992 8 ═══════════════ NOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 1996 S.R. No. 15/1996 Wildlife Act 1975 Conservation, Forests and Lands Act 1987 Wildlife (Game) (Human Safety) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 27 February 1996 Responsible Minister: C. G. COLEMAN Minister for Natural Resources KATHY WILSON Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) ensure a greater degree of safety of persons in hunting areas during the open season for duck; and (b) add further offences to the Schedule of offences in the Conservation, Forests and Lands (Infringement Notice) Regulations 1992. 2. Authorising provisions These Regulations are made under section 87 of the Wildlife Act 1975 and sections 91 and 99 of the Conservation, Forests and Lands Act 1987. -- 2 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 2 3. Principal Regulations In these Regulations, the 1 Wildlife (Game) Regulations 1990 are called the Principal Regulations. 4. Revocations The 2 Wildlife (Game) (Hunting Season) Regulations 1993 and the 3 Wildlife (Game) (Hunting Season) Regulations 1994 are revoked. 5. Amendment of objectives in Principal Regulations In regulation 4 of the Principal Regulations, for paragraph (c), substitute— "(c) provide further regulations for the management of game; and (d) provide for improved human safety during the open season for game.". 6. Definitions After the definition of "open season" in regulation 5 of the Principal Regulations insert— ' "permitted hunting area" means— (a) the waters of any State Game Reserve and the land within 5 metres of the water shoreline of those waters; or (b) the waters of the hunting areas described in the Fifth Schedule and the land within 5 metres of the water shoreline of those waters;'. 7. New Part 6 inserted After regulation 40 of the Principal Regulations insert— r. 3 -- 3 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 3 "PART 6—CONDUCT DURING OPEN SEASON FOR DUCK 41. Entry to permitted hunting area prohibited to certain persons (1) A person must not enter into or upon any permitted hunting area at any time between the hours of— (a) 5 pm on the last Friday before the commencement of the open season for ducks and 10.00 am on the first Saturday of the open season for ducks in each year; or (b) 5 pm on the first Saturday of the open season for ducks and 10.00 am on the first Sunday of the open season for ducks in each year. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who— (a) is the holder of— (i) a valid game licence authorising the hunting or taking of game birds (including duck); and (ii) a shooter’s licence, permit or other authority to possess, carry and use a firearm (not being a pistol) under Part III of the Firearms Act 1958; or (b) is acting in accordance with an authority of the Secretary issued under regulation 44. 42. Proximity of persons to hunters restricted in permitted hunting areas r. 7 r. 7 -- 4 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 4 (1) A person must not, at any time during the open season for duck, approach within a distance of less than 10 metres, any person who— (a) is carrying a firearm; and (b) is hunting or taking game birds— in any permitted hunting area. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who is the holder of— (a) a valid game licence authorising the hunting or taking of game birds (including duck); and (b) a shooter's licence, permit or other authority to possess, carry and use a firearm (not being a pistol) under Part III of the Firearms Act 1958— who is hunting or taking game birds from the same boat, the same hide or blind or the same natural cover as another person. (3) Sub-regulation (1) does not apply to a person who is the holder of— (a) a valid game licence authorising the hunting or taking of game birds (including duck); and (b) a shooter's licence under the Firearms Act 1958— who is supervising a person who is the holder of— (c) a game licence authorising the hunting or taking of game birds (including duck); and -- 5 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 5 (d) a junior permit, in accordance with the Firearms Act 1958. 43. Application of Regulations Regulations 41 and 42 do not apply to make the Secretary, any authorised officer or any employee of the Secretary acting in the course of his or her or its duties liable for an offence. 44. Authority to enter into permitted hunting area (1) For the purposes of the management, control, conservation and propagation of wildlife and the preservation and maintenance of wildlife habitat, the Secretary may authorise, in writing, a person or class of persons to enter into or upon a permitted hunting area when such entry would otherwise be prohibited by regulation 41(1). (2) An authority issued under sub-regulation (1) may include conditions specifying— (a) the times during which the authority applies; and (b) the places in which the authority applies; and (c) the distance which the person must remain from specified features or persons or classes of persons. (3) A person must comply with the conditions of an authority issued under sub-regulation (1). Penalty: 10 penalty units. (4) The Secretary may cancel an authority issued under sub-regulation (1). r. 7 -- 6 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 6 (5) If an authorised officer reasonably believes that a person has failed to comply with the conditions of an authority issued under sub-regulation (1), that officer may direct the person to leave the permitted hunting area. (6) A person must leave a permitted hunting area when directed by an authorised officer under sub-regulation (5) to do so. Penalty: 5 penalty units.". 8. New Schedule inserted After the Fourth Schedule to the Principal Regulations, insert— "FIFTH SCHEDULE 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 First Marsh Gannawarra Fosters Swamp Gannawarra Gaynors Swamp Campaspe Grassy Lake Buloke Green Lake Campaspe Hirds Swamp Gannawarra Lake Bael Bael Gannawarra Lake Batyo Catyo Northern Grampians r. 8 -- 7 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 7 Lake Boort Loddon Lake Buloke Buloke Lake Charm Gannawarra Lake Colongulac Corangamite Lake Coradgill Corangamite Lake Elizabeth Gannawarra Lake Gnarpurt Corangamite Lake Horden Colac-Otway 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 Lake Nillahcootie Delatite Lake Nurrumbeet Buloke Lake Reeve Wellington Lake Tutchewop Gannawarra Lake Wandella Gannawarra Lake William Gannawarra Little Lake Buloke Buloke Little Lake Charm Gannawarra r. 8 -- 8 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 8 Loch Garry Greater Shepparton Mansfield Swamp Campaspe Meridian Road Basins Mildura Morley Swamp Wellington Racecourse Lake Campaspe Red Morass Wellington Second Marsh Gannawarra Tang Tang Swamp Loddon Top Marsh Gannawarra Town Swamp Gannawarra Two Tree Swamp Campaspe Wallenjoe Swamp Campaspe Woolshed Swamp Loddon Wooroonook Lakes Buloke.". 9. Amendment to Conservation, Forests and Lands (Infringement Notice) Regulations 1992 (1) After item 4183 of the 4 Conservation, Forests and Lands (Infringement Notice) Regulations 1992, insert— "4184 An offence under regulation 41 of the Wildlife (Game) Regulations 1990 $100 Enter into or upon any permitted hunting area during the times specified in that regulation. r. 9 -- 9 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 9 4185 An offence under regulation 42 of the Wildlife (Game) Regulations 1990 $100 Approach within a distance of less than 10 metres, a person who is carrying a firearm and is hunting or taking ducks in any permitted hunting area during the open season for ducks.". (2) After item 4265 of the Conservation, Forests and Lands (Infringement Notice) Regulations 1992, insert— "4266 An offence under regulation 44(3) of the Wildlife (Game) Regulations 1990 $100 Fail to comply with a condition of an authority under regulation 44(1) 4267 An offence under regulation 44(6) of the Wildlife (Game) Regulations 1990 $100 Fail to leave a permitted hunting area when directed by an authorised officer under regulation 44(5) to do so.". ═══════════════ -- 10 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 10 r. 9 -- 11 of 12 -- S.R. No. 15/1996 Wildlife (Game) (Human Safety) Regulations 1996 11 NOTES 1 S.R. No. 254/1990 reprinted to S.R. No. 27/1994. 2 S.R. No. 44/1993. 3 S.R. No. 27/1994. 4 S.R. No. 164/1992 as amended by S.R. Nos 338/1992, 44/1993, 60/1993, 145/1993, 27/1994, 74/1995 and 159/1995. -- 12 of 12 --