52Setting of poison baits

52 Setting of poison baits (1) A person shall not set lay put or place or knowingly be a party to the setting laying putting or placing of a poison or controlled substance or any fluid or edible matter (not being sown seed or grain) which contains a poison or controlled substance in or upon any road or street or any land whatsoever. S. 52(2) amended by No. 52/1994 s. 97(Sch. 3 item 7.6). (2) Subsection (1) does not apply to— S. 52(2)(a) amended by No. 41/1987 s. 103(Sch. 4 item 12.1), substituted by No. 52/1994 s. 97(Sch. 3 item 7.1), amended by No. 76/1998 s. 7. (a) the Secretary within the meaning of the **Conservation, Forests and Lands Act 1987** or any person acting on behalf of the Secretary with respect to the use of poisons or controlled substances for eradicating or controlling on any land pest animals or noxious weeds within the meaning of the **Catchment and Land Protection Act 1994**; S. 52(2)(b) amended by No. 52/1994 s. 97(Sch. 3 item 7.2). (b) the use of a poison or controlled substance or fluid or edible matter (not being sown seed or grain) which contains a poison or controlled substance by a person in or upon any land or premises owned or occupied by him for the purpose of destroying rats, mice or other small vermin commonly found in houses or pest animals within the meaning of the **Catchment and Land Protection Act 1994** (not being wildlife within the meaning of the **Wildlife Act 1975**) or for disinfecting sterilizing or cleansing purposes or for the purpose of manuring or fertilizing the land; (c) the use by an owner or occupier of land of a poison or controlled substance on or adjacent to his land for the purpose of killing or destroying any wildlife within the meaning of the **Wildlife Act 1975**— S. 52(2)(c)(i) repealed by No. 52/1994 s. 97(Sch. 3 item 7.3). (ii) which is noxious wildlife within the meaning of the **Wildlife Act 1975**; or (iii) under and in accordance with an authority or Order in Council published issued or granted under the **Wildlife Act 1975**; S. 52(2)(d) amended by No. 21/1986 s. 4. (d) the use by the council of a municipality (including the Corporation of the City of Melbourne and the Corporation of the City of Geelong) or by a local authority within the meaning of the **Public Contracts Act 1958** as in force immediately before the commencement of the **Public Contracts (Repeal) Act 1986** or by any body of persons corporate or unincorporate declared by the Governor in Council by Order published in the Government Gazette to be a body of persons to which this subsection applies of a poison or controlled substance in or upon any road street drain channel or land whatsoever for the purpose of— S. 52(2)(d)(i) amended by No. 52/1994 s. 97(Sch. 3 item 7.4). (i) destroying rats mice or other vermin (not being wildlife within the meaning of the **Wildlife Act 1975**) commonly found in houses or pest animals within the meaning of the **Catchment and Land Protection Act 1994**; (ii) disinfecting sterilizing or cleansing; (iii) manuring or fertilizing; S. 52(2)(d)(iv) amended by No. 52/1994 s. 97(Sch. 3 item 7.5). (iv) killing or destroying wildlife within the meaning of the **Wildlife Act 1975**, being wildlife the killing or destruction of which is authorized by or under that Act or that is noxious wildlife within the meaning of that Act; or (v) killing or destroying wildlife within the meaning of the **Wildlife Act 1975**, if the council acts under and in accordance with an authority issued or granted under that Act; (e) the use of a poison or controlled substance for the purpose of carrying out a power authority function or duty conferred or imposed by or under an Act or in accordance with a licence permit warrant or other authority issued or granted under this Act or any other Act; S. 52(2)(f) amended by No. 13/2010 s. 48(a). (f) the use of a poison or controlled substance for agricultural, pastoral or horticultural purposes (being a poison or controlled substance to which the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992** applies) for agricultural, pastoral or horticultural purposes— if and only if the person who or the body of persons which uses a poison or controlled substance of fluid or edible matter in any of the circumstances mentioned in paragraph (a), (b), (c), (d) or (e) takes or causes to be taken all reasonable precautions to prevent access to the poison or controlled substance or the fluid or edible matter by any domestic animal and, if the poison or controlled substance is in a poison bait and is used for eradicating or controlling pest animals within the meaning of the **Catchment and Land Protection Act 1994**, complies with any applicable regulations under that Act. S. 52(3) amended by No. 57/2012 s. 4(1). (3) In this section a reference to a domestic animal is a reference to any cattle or any dog cat or fowl or any other animal of any other kind or species whatever (whether a quadruped or not) which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man. S. 52(4) inserted by No. 57/2012 s. 4(2). (4) For the purposes of subsection (3), ***cattle*** includes any horse, mare, gelding, colt, filly, foal, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, ass, mule, goat or pig.