Conservation, Forests and Lands (Infringement Notice ...FILE/13-019sr.docx · Web...

Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other

Matters) Regulations 2013S.R. No. 19/2013

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 24 Principal Regulations 25 Amendment of Schedule 2—Wildlife (Game) 26 Amendment of Schedule 2—Safety on Public Land 187 Statutory rule revision 20

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1

STATUTORY RULES 2013

S.R. No. 19/2013

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other

Matters) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 12 February 2013

Responsible Minister:

PETER WALSHMinister for Agriculture and Food Security

MATTHEW McBEATHClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a) to prescribe further offences against a relevant law for which an infringement notice may be served; and

(b) to prescribe penalties for those prescribed offences; and

(c) to make other minor amendments.

2 Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

1

3 Commencement

These Regulations come into operation on 15 February 2013.

4 Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 20021 are called the Principal Regulations.

5 Amendment of Schedule 2—Wildlife (Game)

In Schedule 2 to the Principal Regulations, for items 153 to 194 substitute—

'153 6411 An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so alone in contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012

154 6412 An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so as part of a team in contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012

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155 6413 An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 23 of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds, use a hound for hunting or taking Sambar Deer that is not a registered hound

156 6414 An offence under section 28(1) of the Wildlife Act 1975

1 penalty unit

fail to produce a licence, permit or other authority when required by an authorised officer or member of the police force

157 6415 An offence under section 44(3) of the Wildlife Act 1975

2 penalty units

hunt, take or destroy a taxon of game during the open season for that taxon of game other than in accordance with section 44(4) of the Wildlife Act 1975

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158 6416 An offence under section 58C(1) of the Wildlife Act 1975

25 penalty units

during the open season for duck, enter on or remain in any specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 at any time during which entry onto or remaining in that area is prohibited as specified in regulation 70 of those Regulations, other than in accordance with section 58C of the Wildlife Act 1975

159 6417 An offence under section 58D of the Wildlife Act 1975

25 penalty units

approach to within 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 during the open season for duck, other than in accordance with section 58D of the Wildlife Act 1975

160 6418 An offence under regulation 11 of the Wildlife (Game) Regulations 2012

05 penalty units

as a holder of a game licence, fail to notify the Secretary of change of address and to forward licence for amendment within 14 days of changing address

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2 penalty units

take or destroy more than the number of game specified in Schedule 4 to the Wildlife (Game) Regulations 2012 as the bag limit for that kind or taxon of game in the period set out in that Schedule for that kind or taxon of game

162 6420 An offence under regulation 32(1) of the Wildlife (Game) Regulations 2012

2 penalty units

use toxic shot to hunt, take or destroy ducks other than under the circumstances specified in regulation 32(2) of the Wildlife (Game) Regulations 2012

163 6421 An offence under regulation 33(1)(a) of the Wildlife (Game) Regulations 2012

15 penalty units

be in possession of toxic shot in the course of hunting ducks other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012

164 6422 An offence under regulation 33(1)(b) of the Wildlife (Game) Regulations 2012

15 penalty units

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 33(2) or (3) of the Wildlife (Game) Regulations 2012

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165 6423 An offence under regulation 33(1)(c) of the Wildlife (Game) Regulations 2012

15 penalty units

be in possession of toxic shot within a State Game Reserve other than in the circumstances specified in regulation 33(2), (3) or (4) of the Wildlife (Game) Regulations 2012


2 penalty units

be in possession of a spotlight and a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012


2 penalty units

be in possession of a spotlight and be in company with a person in possession of a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012

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2 penalty units

be in possession of a firearm and be in company with a person in possession of a spotlight in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012


2 penalty units

use a dog when hunting, taking or destroying game birds other than in the circumstances specified in regulation 37(3) of the Wildlife (Game) Regulations 2012

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2 penalty units

use a dog for hunting deer other than a registered hound for the purpose of trailing Sambar Deer, a gundog for the purpose of locating, pointing or flushing deer (other than Hog Deer) or a deer hunting dog for the purpose of locating or flushing deer (other than Hog Deer) other than in the circumstances specified in regulation 38(2) of the Wildlife (Game) Regulations 2012


2 penalty units

use when hunting alone for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer

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2 penalty units

use when hunting in a team for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer (other than Hog Deer)


15 penalty units

as a person hunting on public land in recognised deer habitat, have in his or her care or control a dog (that is not a hound, gundog or deer hunting dog) that is not restrained or confined other than in the circumstances specified in regulation 42(2) of the Wildlife (Game) Regulations 2012

174 6432 An offence under regulation 43(1)(a) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found on private land other than in the circumstances specified in regulation 43(2) of the Wildlife (Game) Regulations 2012

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175 6433 An offence under regulation 43(1)(b) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in a park other than in accordance with the National Parks Act 1975

176 6434 An offence under regulation 43(1)(c) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use hounds, allow a hound to be found in any area prohibited by the Wildlife (Game) Regulations 2012 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012

177 6435 An offence under regulation 43(1)(d) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in any area closed under Part XI of the Wildlife Act 1975 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012

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1 penalty unit

fail to ensure that a hound is wearing a collar to which is securely attached a permanent tag or label on which is legibly printed the full name of the hound owner and the hound registration number


25 penalty units

use a spotlight to hunt or take game other than in the circumstances specified in regulation 45(2) of the Wildlife (Game) Regulations 2012


2 penalty units

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


1 penalty unit

hunt, take or destroy game using any bait, lure, decoy or live animal to attract game other than in the circumstances specified in regulation 48(3) of the Wildlife (Game) Regulations 2012


2 penalty units

hunt, take or destroy game from an aircraft or motor vehicle

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2 penalty units

hunt, take or destroy duck from a motor boat whose motor is running (whether in gear or not) other than in the circumstances specified in regulation 50(3) of the Wildlife (Game) Regulations 2012


2 penalty units

fail to kill live game immediately upon recovery


1 penalty unit

fail to leave one fully feathered wing attached to a duck or duck breast until immediately prior to cooking or until that duck has been taken to the person's ordinary place of residence


1 penalty unit

possess any female Hog Deer carcass without a Hog Deer Tag marked with the letter "F" attached to one of its hind legs or possess any female Hog Deer carcass from which a Hog Deer Tag marked with the letter "F" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012

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1 penalty unit

possess any male Hog Deer carcass without a Hog Deer Tag marked with the letter "M" attached to one of its hind legs or possess any male Hog Deer carcass from which a Hog Deer Tag marked with the letter "M" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012


1 penalty unit

fail, after killing a Hog Deer, to immediately attach a Hog Deer Tag in the manner specified in regulation 57 of the Wildlife (Game) Regulations 2012


1 penalty unit

after killing a Hog Deer, remove the Hog Deer from where it has been killed without a Hog Deer Tag being attached to one of its hind legs in accordance with regulation 57 of the Wildlife (Game) Regulations 2012

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15 penalty units

without the written authorisation of the Secretary, remove the Hog Deer Tag from the body of any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given


15 penalty units

without the written authorisation of the Secretary, remove the head or dismember any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given

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192 6450 An offence under regulation 64(a) of the Wildlife (Game) Regulations 2012

15 penalty units

as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of Hog Deer Tags as required by regulation 64(a) of the Wildlife (Game) Regulations 2012

193 6451 An offence under regulation 64(b) of the Wildlife (Game) Regulations 2012

15 penalty units

as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of a Hog Deer Tag as required by regulation 64(b) of the Wildlife (Game) Regulations 2012


1 penalty unit

sell, give, lend or transfer a Hog Deer Tag to any other person


1 penalty unit

alter, deface or reproduce a Hog Deer Tag

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1 penalty unit

fail, when taking Hog Deer during the open season, to take the Hog Deer carcass to a checking station during the station's open hours within 24 hours of the taking of the deer and 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 or other physical condition


1 penalty unit

fail to forward to the Secretary within 28 days of the last day of each open season for which Hog Deer Tags were issued a complete and accurate Hog Deer return

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2 penalty units

hunt, take or destroy deer within the areas of Victoria shown by shading on the plans in Parts 1, 2, 3, 4 and 5 of Schedule 9 other than in the circumstances specified in accordance with regulation 71(2) of the Wildlife (Game) Regulations 2012


2 penalty units

hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer in any area of Victoria other than in the circumstances specified in regulation 72(2) of the Wildlife (Game) Regulations 2012'.

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6 Amendment of Schedule 2—Safety on Public Land

In Schedule 2 to the Principal Regulations, after item 330 insert—

"SAFETY ON PUBLIC LAND

331 6458 An offence under section 12(1) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012

4 penalty units

unlawfully alter, obliterate, deface, remove or destroy a notice displayed in accordance with section 11 of the Safety on Public Land Act 2004

332 6459 An offence under section 12(2) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012

4 penalty units

unlawfully break down, damage or destroy a barrier or fence which has been erected to prohibit or restrict access to a public safety zone

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333 6460 An offence under section 13(1) of the Safety on Public Land Act 2004 constituted by causing any object or substance to enter into a public safety zone in contravention of the declaration under section 4 of that Act published in Government Gazette No. S445 on 19 December 2012

2 penalty units

as an unauthorised person, cause any object or substance to enter a public safety zone

334 6461 An offence under section 13(2) of the Safety on Public Land Act 2004 constituted by entering a public safety zone in contravention of the declaration under section 4 of that Act published in Government Gazette No. S445 on 19 December 2012

3 penalty units

as an unauthorised person, enter a public safety zone in a period during which access is prohibited

335 6462 An offence under section 14(3) of the Safety on Public Land Act 2004 that occurs in a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012

3 penalty units

as an unauthorised person, fail to comply with a direction under section 14(1) of the Safety on Public Land Act 2004

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336 6463 An offence under section 15(a) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012

4 penalty units

as an unauthorised person, re-enter a public safety zone contrary to a direction of an authorised officer under section 14 of the Safety on Public Land Act 2004".

7 Statutory rule revision

In regulations 6(1) and 7(1) of the Principal Regulations, for "1985" substitute "1995".

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ENDNOTES

Endnotes S.R. No. 19/2013


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1 Reg. 4: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007. Reprinted to S.R. No. 150/2006. Subsequently amended by S.R. Nos 14/2009, 37/2010, 58/2010, 86/2011 and 93/2012.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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