Game and Feral Animal Control Act 2002

The Act centres on several legal and administrative concepts that determine when and how hunting is lawful.

Game animal and Schedule 3

• A “game animal” is any animal specified in Schedule 3 that is living in the wild (s 5(1)). Schedule 3 is split into Part 1 non‑indigenous game animals, Part 1A native game birds, and Part 2 non‑indigenous animals for which a game hunting licence is required only on public land. The Minister may amend Schedule 3 by order for non‑native species (s 5(2)), but the Act’s note in Part 1A expressly restricts additions or omissions to the list of native game birds to amendment by Act of Parliament.

Classes of licences

• Two licence classes are statutorily defined: general and restricted game hunting licences (s 14). General licences permit hunting of game animals, other than native game birds, on private land, and native game bird killing on private land only if permitted under a native game bird management licence (s 15(1)). Restricted licences extend authority to hunt on public land, but that authority only operates where a relevant declaration under Division 3 is in force (s 15(2), s 18).

Native game bird management licences and quotas

• Part 3A creates a distinct licence, the native game bird management licence, for owners or occupiers of specified private land and restricts killing to sustainable agricultural management purposes only (s 32A). The Regulatory Authority must set annual quotas based on best available scientific information and impose licence conditions to ensure compliance with quotas (s 32D). The Regulatory Authority must consult the head of the Office of Environment and Heritage when setting quotas and related measures (s 32C).

Declared public hunting land and ministerial discretion

• Hunting on public land requires a declaration by the responsible Minister in accordance with s 20. Declarations may be limited by areas, species, times and may impose registration and other requirements on hunters (s 20(2), (5)-(6)). The Minister must give public notice and consider public safety, rights of other users, management plans and recommendations by the authority responsible for the land and the Regulatory Authority before making a declaration (s 20(3)-(4)).

Regulatory Authority and Advisory Board

• The Regulatory Authority, defined as the Secretary of Regional NSW (s 4), administers licences, delegates functions, appoints inspectors and enters into authorised agent arrangements to grant licences (ss 21, 28, 33, 53A). The Game and Pest Management Advisory Board represents licensed hunters and provides advice to Minister and Regulatory Authority on pest management, research expenditure priorities and education (ss 7-9). The Board is subject to ministerial control except for the content of its advice (s 9(2)).

Inspectorate and enforcement architecture

• Inspectors are appointed by the Regulatory Authority and may be statutory officers, public servants or persons of a prescribed class (s 33). Police may exercise inspector functions and are taken to be inspectors but are not subject to Regulatory Authority direction when exercising those functions (s 34). Inspectors have statutorily framed entry, search and seizure powers (ss 39-45), may require information or documents (s 46), and may direct persons to leave declared public hunting land where they have reason to believe a game hunting offence is occurring (s 50A). Inspectors must carry identification and produce it before exercising certain powers (ss 35-36).

Licence conditions, code of practice and fit and proper person test

• Licences may be granted subject to conditions and the Regulatory Authority may, post‑grant, impose, vary or revoke conditions other than those prescribed by regulation (s 22). The Act requires the Minister to approve a code of practice whose mandatory provisions are licence conditions (s 24). The Regulatory Authority must refuse to grant licences to persons with certain recent convictions or who are not “fit and proper” (s 21(3)).

Offences, penalties and remedial powers

• The Act creates criminal offences for hunting without a licence where one is required (s 16), for hunting on public land without a declaration and a restricted licence (s 18), for contravening licence conditions (s 23), for providing false information when applying for licences (s 27), for releasing game animals into the wild for the purpose of hunting (s 55), and for interfering with authorised hunting on declared public hunting land (s 55A). Maximum penalties for many offences are 50 penalty units, some regulatory offences may attract lesser penalties and the regulations may prescribe penalty notice offences (ss 16, 23, 27, 37, 57, 60).

Financial mechanisms

• Fees and fee percentages are delegated to regulations and Ministerial determination for allocation to the Game and Pest Management Trust Fund (s 26, s 53B). The Fund may be applied to research, enforcement and Board costs (s 53B(4)).

Taken together these concepts create a multi‑layered permissioning and enforcement system that ties rights to hunt to licence class, land status, ministerial declarations, quota regimes for native species and administrative conditions including mandatory codes and records.

The Act imposes legal effects and administrative obligations across multiple groups. Identify who pays, who decides and who changes behaviour.

Hunters and prospective licence-holders

• Individuals who hunt animals listed in Schedule 3 on private or public land must usually hold a game hunting licence (s 16). Those who wish to hunt on public land must obtain a restricted game hunting licence and only hunt where the responsible Minister has declared the land available and any declaration requirements are satisfied (ss 18, 20). Holders must carry and produce licences when required (s 47), comply with licence conditions and any mandatory provisions in the code of practice (ss 22, 24, 23). Native game birds may be killed only under a native game bird management licence issued to an owner or occupier of specified private land, and only by persons holding game hunting licences, with quotas, tagging and identification requirements applying (ss 32A, 32D, 32E, 32F).

Landowners and occupiers

• Private landowners and occupiers are affected in several ways. A general licence permits hunting on private land but does not authorise entry; hunters remain required to be authorised to enter the land (s 15(3)). Owners or occupiers may be issued with a native game bird management licence allowing killing on their land, and they determine who may hunt under that licence subject to the licence conditions (s 32A(2) and note). The responsible Minister must consult management plans and recommendations of the authority that has care or control of land before declaring it public hunting land (s 20(4)). Owners/operators of public land (state agencies, councils and the Minister) therefore decide whether to recommend declarations that permit hunting.

Hunting clubs, organisations and authorised agents

• Approval of hunting clubs or organisations is a statutory qualification for restricted licences; a person must be a member of an approved hunting club or organisation and satisfy training requirements to obtain a restricted licence (s 19). The Regulatory Authority may enter arrangements with other persons to act as authorised agents to grant licences to eligible applicants, retain commissions and make records (s 28).

Taxidermists and related commercial operators

• Commercial taxidermists are required to verify that a skin is from a game animal killed by a licensed person or otherwise lawfully authorised and to record the killer’s name, licence details and date received; those records must be available for inspection (s 55B). This places a record‑keeping and compliance cost on taxidermy businesses.

Regulatory bodies and officials

• The Regulatory Authority (the Secretary of Regional NSW) makes licensing decisions, sets licence conditions, appoints inspectors and sets native game bird quotas and related determinations subject to consultation with the head of the Office of Environment and Heritage for Part 3A functions (ss 4, 21, 22, 32C-32E). The Minister has powers to declare public land hunting status and to approve the code of practice (ss 20, 24). The Advisory Board is constituted to advise and represent licensed hunters and to provide recommendations on research expenditure from the Fund (ss 7-9, 53B(3)).

Inspectors, police and the public

• Inspectors and police exercising inspector functions can enter premises, detain and search vehicles, seize items, issue notices to produce documents and direct persons to leave declared public hunting land where a game hunting offence is suspected (ss 33-45, 46, 50A). The public and other land users are affected because declarations to permit hunting must consider public safety and rights of others using the land (s 20(4)). Section 55A criminalises intentional interference with lawful hunting on declared public hunting land, thereby affecting how other users of such land can lawfully behave.

Native title claimants

• The Act expressly states it does not affect the operation of Commonwealth and NSW native title laws (s 54). Section 17 provides that Aboriginal persons hunting pursuant to recognised native title rights or undertaking traditional cultural hunting within a Local Aboriginal Land Council area are exempt from the licensing requirement in Division 2 in specified circumstances.

Who pays and who decides

• Fees and charges are payable by applicants and licence-holders, with a percentage of fees earmarked for the Game and Pest Management Trust Fund as determined by the Minister (ss 26, 53B(3)(a)). The Minister and the Regulatory Authority have primary decision‑making power over declarations, licence grant/refusal, licence conditions, quotas for native game birds, and inspector appointments (ss 20, 21, 22, 32D, 33, 53A). Hunting clubs must be approved by the Regulatory Authority to qualify members for restricted licences (s 19).

Behavioural effects

• The statutory design channels hunting activity onto private land under general licences and onto declared public land under restricted licences, links native game bird take to quota management and tests for identification, and creates record and verification obligations for taxidermists and licence applicants. Enforcement powers and penalties create deterrent incentives for non‑compliance and record‑keeping obligations that affect commercial operators.

This section lists the principal statutory duties imposed and the rights or permissions conferred by the Act, with section references.

Principal duties imposed on licence-holders and applicants

• Licence requirement: A person who hunts a game animal on any private or public land must hold a game hunting licence where the Act requires one, otherwise they commit an offence (s 16). The Act sets a maximum penalty of 50 penalty units for this offence.
• Carry and produce licence: Holders of game hunting licences must carry the licence when engaged in hunting and produce it to an inspector on request (s 47(2)).
• Comply with licence conditions and code: Licences may be granted subject to conditions; holders must not contravene any condition (ss 22, 23). The Minister must approve a code of practice whose mandatory provisions are licence conditions and a contravention of a mandatory provision is an offence and a ground for cancellation or suspension (s 24).
• Native game bird licence obligations: Where a native game bird management licence is in force, the Regulatory Authority imposes quotas and other requirements including tagging, notification and auditing arrangements and ensures conditions are imposed to secure compliance (ss 32A, 32D, 32E). An official identification test is required to hunt waterfowl (s 32F).
• Taxidermist records: A person running a taxidermy business must not preserve or prepare skins of game animals listed in Part 1 or 1A of Schedule 3 unless satisfied the animal was killed by a licence-holder or otherwise lawfully and must record the killer’s name, licence details and date received, and make records available to inspectors (s 55B).

Principal rights and permissions conferred

• Authority to hunt: A general game hunting licence authorises hunting of non‑native game animals on private land and, subject to a native game bird management licence, killing of native game birds on private land (s 15(1)). A restricted licence authorises hunting on public land where a declaration permits it as well as private land (s 15(2)).
• Possession of carcass: A game hunting licence authorises possession of the carcass, skin or any other part of a game animal killed under the licence; native game bird management licences also confer possession rights in respect of native game birds killed under that licence (ss 15(2A), 32A(4)).
• Exemptions from some NPW offences: The holder of a game hunting licence hunting on declared public hunting land in accordance with the licence does not commit certain offences under the National Parks and Wildlife Act 1974 that involve activities necessary for hunting or possession of carcasses, subject to specified limits (s 6A(1)-(2A)). This is subject to the restriction that the section does not authorise taking a dog into national park estate land or use of a dog to assist in hunting on such land (s 6A(3)).
• Right to administrative review: Decisions such as refusal to grant a licence, imposition of conditions, suspension or cancellation by the Regulatory Authority and disqualification may be reviewed by the Civil and Administrative Tribunal as an administrative review under the Administrative Decisions Review Act 1997 (s 31).

Regulatory Authority and Minister duties

• Grants and refusals: The Regulatory Authority must approve or refuse applications in accordance with the Act and regulations and must refuse licences in specified circumstances including certain convictions and being not fit and proper (s 21).
• Code approval and public consultation: The Minister must approve a code of practice and is required to make the draft code publicly available for at least 30 days and take into account submissions before approval (s 24(3)).
• Declarations on public land: The responsible Minister may declare public land available for hunting after public notice and having regard to specified matters including public safety, rights of other users and management plans, and must give a copy to the Regulatory Authority and make the declaration public (s 20(2)-(7)).

Inspector duties and constraints

• Identification and limits: Inspectors (other than police) must be issued identification cards and produce them before exercising relevant powers; an inspector’s instrument of appointment may limit their functions (ss 33, 35-36). Inspectors must do as little damage as possible when exercising functions under Division 2 (s 51). The Regulatory Authority must pay compensation for loss or damage caused by inspectors entering premises, except where the occupier obstructed them (s 52).

Enforcement and remedial powers

• Cancellation and suspension: The Regulatory Authority must cancel licences if the holder is not qualified and must suspend or cancel licences in specified circumstances such as contravening mandatory code provisions or certain convictions (s 29). Courts can cancel or suspend licences and disqualify holders when convicting for game hunting offences (s 30).
• Seizure and forfeiture: Inspectors can seize items connected with a game hunting offence and the owner may dispute seizure; courts or Local Court proceedings can order forfeiture (s 45).

Rights of affected third parties

• Owner of seized items may dispute seizure within 28 days and seek return unless proceedings for forfeiture are instituted (s 45(5)-(7)). Native title rights are preserved (s 54).

These duties and rights frame licensing prerequisites, operational constraints on hunting, enforcement expectations and administrative review rights.

The Act sets out a layered enforcement regime combining criminal offences, administrative sanctions, civil forfeiture and executive powers, together with summary procedure and penalty notices.

Criminal offences and maxima

• Hunting without a required licence is an offence with a maximum penalty of 50 penalty units (s 16). Hunting on public land without a declaration and restricted licence likewise attracts a 50 penalty unit maximum (s 18). Contravening licence conditions and providing false or misleading information in licence applications attract maximum penalties of 50 penalty units (ss 23, 27). The offence of releasing a game animal into the wild for the purpose of hunting is a standalone offence with a maximum of 50 penalty units (s 55). Interfering with authorised hunting on declared public hunting land is a separate offence with a maximum of 50 penalty units, and cannot be prescribed as a penalty notice offence (s 55A(1), (3)). Impersonating an inspector carries a maximum penalty of 10 penalty units (s 37). Other offences relating to obstructing inspectors, failure to comply with inspector requirements or furnishing false information under inspector requirement notices carry maxima of 50 penalty units (s 50).

Administrative sanctions and licence consequences

• The Regulatory Authority may suspend or cancel licences for non‑qualification or specified misconduct and must cancel licences in certain circumstances such as specified convictions (s 29(2)-(3)). The Authority may also disqualify a person from obtaining licences for a period following cancellation (s 29(5)). A court can cancel or suspend a licence and disqualify a convicted person in connection with a game hunting offence; such disqualification is additional to any penalty (s 30).

Powers of inspectors

• Inspectors have statutory powers to enter premises in which they reasonably believe persons are hunting for game or where there is anything connected with a game hunting offence (s 39). On entry they may search, require assistance, demand production and inspect documents and take copies (s 43). With reasonable grounds an inspector can detain and search vehicles or vessels and, if necessary, require them to be taken to a specified place for search (s 44). Inspectors may seize items connected with a game hunting offence and remove and secure them; the State and its officers are not liable for any seizure done with reasonable cause (s 45(1)-(3)). Seized items can be forfeited by court order or returned if the owner disputes the seizure and no proceedings for forfeiture are instituted within the statutory period (s 45(4)-(7)).

Warrants and police assistance

• Inspectors may apply for search warrants under s 42; authorised officers may issue warrants where reasonable grounds exist and the Law Enforcement (Powers and Responsibilities) Act 2002 Division 4 of Part 5 applies to such warrants (s 42(1)-(3)). Police may accompany and assist inspectors in executing search warrants or where obstruction is anticipated (s 49).

Procedural mechanisms and evidentiary provisions

• Proceedings for offences under the Act may be dealt with summarily before the Local Court (s 56). The Act allows authorised officers to issue penalty notices for offences prescribed by regulation; the Fines Act 1996 applies and regulations set the amounts not exceeding the maximum court penalty (s 57). The Act contains an evidentiary mechanism for admissibility of statements signed by the Regulatory Authority certifying licence particulars and specified other administrative matters in prosecutions (s 58). For offences requiring the defendant to establish a reasonable excuse, the onus of proof lies with the defendant (s 59).

Limits on enforcement powers and safeguards

• Inspectors must carry and produce identification cards before exercising entry or search powers (ss 35-36). Entry to residential parts of premises is not authorised without occupier permission or a search warrant (s 41). Use of force to gain entry is limited to cases authorised in writing by the Regulatory Authority for a particular entry or in emergencies; the authorisation must be in writing and specify circumstances for force (s 40). Inspectors must do as little damage as possible when exercising their functions (s 51). The Regulatory Authority must pay compensation for loss or damage caused by inspectors entering premises, except where the occupier obstructed the inspector (s 52).

Enforcement interactions with other Acts

• The Act preserves the operation of the Firearms Act 1996 and the Prevention of Cruelty to Animals Act 1979 and provides that licensed hunting activity on declared public hunting land does not, in certain respects, constitute offences under the National Parks and Wildlife Act 1974 which would otherwise apply to harming native fauna or possessing carcasses, subject to limits and exceptions such as prohibition on taking dogs into national park estate land (ss 6, 6A).

Summary and enforcement risk allocation

• Enforcement authority is concentrated with the Regulatory Authority and authorised inspectors, with police able to act independently as inspectors for powers under the Act (s 34). Penalties are predominantly at the level of 50 penalty units for substantive breaches, with administrative remedies for licence suspension, cancellation and disqualification supplementing criminal sanctions. The Act provides procedural checks such as identification requirements for inspectors, warrant processes and compensation obligations for damage caused by inspectors.

The Act contains a number of express cross‑references and limitations that determine its interaction with other statutory regimes.

Firearms and animal welfare legislation

• The Act explicitly states that nothing in it affects the operation of the Firearms Act 1996 or the Weapons Prohibition Act 1998, and the Prevention of Cruelty to Animals Act 1979 (s 6). That preserves the application of firearms licensing and animal welfare rules to hunting activities even where a game hunting licence is held.

National Parks and Wildlife Act and environment orders

• Section 6A provides limited exemptions from certain offences under the National Parks and Wildlife Act 1974 for the holder of a game hunting licence hunting on declared public hunting land in accordance with the licence, covering activities necessary for hunting and possession of carcasses, skins and parts, subject to limitations including that the section does not authorise taking dogs into national park estate land or using dogs to assist in hunting on such land (s 6A(1)-(3)). Section 6B provides that stop work orders, interim protection orders under Part 6A of the National Parks and Wildlife Act and environment protection notices under the Protection of the Environment Operations Act 1997 have no effect to the extent they would prevent or interfere with licensed activities under this Act (s 6B). However, s 20(10) expressly provides that a declaration under s 20 does not confer authority for anything inconsistent with requirements of any other Act or law, which maintains a residual constraint that other legal obligations cannot be overridden by a declaration.

Cross‑agency consultation and recommendations

• The Regulatory Authority must consult the head of the Office of Environment and Heritage when setting native game bird quotas and determining other matters in Part 3A, such as quota periods and waterfowl identification test recognition (s 32C). Section 20 requires the responsible Minister before declaring public land available for hunting to have regard to recommendations of the authority that has care or control of the land and any recommendation of the Regulatory Authority (s 20(4)(d)-(e)).

Native title and Crown immunity

• The Act explicitly preserves the operation of the Native Title Act 1993 and the Native Title (New South Wales) Act 1994 in respect of recognition of native title rights and interests (s 54). The Act does not bind the Crown in any capacity (s 53), which affects remedies against the Crown and the application of some provisions.

Forfeiture, evidence and procedural law

• Search warrant procedure under the Act is linked to the Law Enforcement (Powers and Responsibilities) Act 2002, with Division 4 of Part 5 of that Act applying to search warrants issued under s 42 of this Act (s 42(3)). The Act’s evidentiary provisions permit signed statements by the Regulatory Authority certifying licence records or other prescribed administrative matters to be receivable without proof of signature in prosecutions under the Act (s 58). Penalty notices issued under s 57 operate under the Fines Act 1996 (s 57(3)).

Regulatory delegation and agency law

• The Regulatory Authority may delegate functions to authorised persons as defined in s 53A. Arrangements for authorised agents to grant licences and collect commission are provided by s 28, subject to the restriction that authorised agents cannot grant restricted game hunting licences (s 28(2)). Funds collected under the Act are held in the Game and Pest Management Trust Fund in the Special Deposits Account and the Minister controls application and investment subject to Government Sector Finance Act modalities where applicable (s 53B).

Limits and potential conflicts

• The Act both grants specified exemptions (s 6A) and shields licensed activity from certain orders under other Acts (s 6B), while also preserving non‑derogable obligations in other Acts by providing that declarations do not authorise inconsistency with other law (s 20(10)). That creates a legal matrix where some statutory provisions can be displaced for licensed hunters in defined contexts while others remain operative. The Act’s explicit preservation of the operation of firearms, animal welfare and native title laws means compliance with those instruments is required in addition to compliance with this Act.

The Act text includes marginal annotations and editorial notes showing the history of amendments and insertions. The statutory text itself carries amendment annotations immediately after particular sections. The following points are taken from those annotations and the in‑text notes.

• Sections and provisions inserted in 2012: Several provisions were inserted or substituted by the Game and Feral Animal Control Amendment Act 2012. For example, s 3 (objects) carries the notation "s 3: Am 2012 No 52, Sch 1 [1]". Section 5 was substituted in 2012 (noted "s 5: Subst 2012 No 52, Sch 1 [6]"). Sections 6A and 6B were inserted in 2012 (notations "s 6A: Ins 2012 No 52, Sch 1 [7]" and "s 6B: Ins 2012 No 52, Sch 1 [7]").
• Part 3A and native game bird regime: Part 3A (ss 32A-32F) was inserted by an amendment in 2012 ("pt 3A: Ins 2012 No 104, Sch 1 [10]") with later amendments in 2013 noted in some sections (for example s 32A "am 2013 No 75, Sch 2.3 [2]").
• Advisory Board changes and Part 2 substitution: Part 2 was substituted and amendments relating to the Game and Pest Management Advisory Board appear with dates; e.g. "pt 2: Subst 2013 No 75, Sch 1 [4]". Sections 7-9 show substitution or amendment notations in 2013 and earlier years.
• Inspectorate and other operational amendments: Sections such as s 33 (appointment of inspectors) show amendment notations including 2013 adjustments ("s 33: Am 2013 No 75, Sch 1 [5] [6]"). Section 34 (police officers to be inspectors) also bears amendment notation for 2013.
• Schedule 3 and species listings: Schedule 3 was repealed and reinserted historically and carries annotations referencing 2005, 2012 and later changes ("sch 3: Rep 2005 No 64, Sch 3. Ins 2012 No 52, Sch 1 [30]. Am 2012 No 104, Sch 1 [13]; 2019 (444), cl 3 (1) (2); 2022 No 59, Sch 1.18."). The Part 1A note states that additions or omissions to the list of native game birds may only be made by Act of Parliament, not by Ministerial order.
• Game Council abolition and machinery changes: The Game and Feral Animal Control Amendment Act 2013 effected structural changes dissolving the Game Council of NSW and transferring assets and functions; Schedule 4 Part 4 contains consequences of the 2013 amendment including dissolution and transitional arrangements (Schedule 4 Part 4, cl 5-11). For instance, clause 7 takes monies of the Game Council Account to be monies in the Game and Pest Management Trust Fund (Sch 4 Pt 4 cl 7).
• Regulatory adjustments and other amendments: Various sections carry multiple amendment annotations across years such as 2003, 2005, 2006, 2008, 2012, 2013, 2017 and 2018. Examples include s 4's extensive amendment list indicating multiple statutory changes to definitions across those years.

This Act’s in‑text annotation system gives the immediate amendment history for each section. The notes show an active legislative history with significant amendments circa 2012 and 2013 that added native game bird management licensing, created or reconstituted the Advisory Board, altered inspector powers and moved functions to the Regulatory Authority, and made consequential transitional arrangements including the dissolution of the Game Council.

Readers should treat the marginal amendment notations in each section as authoritative indicators of when that provision was inserted, substituted or amended. The Act’s Schedule 4 sets out savings and transitional provisions applicable upon the enactment of those amending Acts and Schedule 3 records the current species lists with notes about how the list may be changed.

The Act text itself does not record or cite judicial decisions. There are no cases or reported judicial interpretations included within the statute as printed here. The statutory scheme provides administrative review rights and judicial consequences which set the likely avenues for litigation, but the statute does not name or summarise any litigation history.

Relevant procedural and adjudicative pathways that would generate litigation or administrative review are:

• Administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 for refusals to grant licences, imposition of non‑regulatory licence conditions, suspension or cancellation by the Regulatory Authority and disqualifications otherwise than by a court (s 31). That provision creates the institutional channel for merits review and likely contestation of licensing decisions.
• Court powers on conviction to cancel or suspend licences and disqualify persons from holding or obtaining licences, with such disqualifications being in addition to penalties (s 30). Convictions may therefore generate collateral litigation on licence status and disqualification periods.
• Forfeiture and return of seized items provide a process that can be litigated in the Local Court where inspectors institute forfeiture proceedings under s 45(7), or where the owner disputes seizure and seeks return under s 45(5)-(6).

Because no judicial decisions are recorded in the Act text, practitioners relying on case law must consult external legal databases for reported decisions that interpret the Act. The Act itself preserves administrative and judicial review channels that would supply court material but does not supply it.

The Act contains several provisions that may create traps for the unwary. The following practical points derive from the text and indicate where legal risk, compliance costs or implementation complexity may arise.

Licence requirement exceptions and scope

• The basic rule is that a licence is required to hunt where the Act requires one (s 16). But there are detailed exemptions in s 17 that mean a licence is not required in particular circumstances, for example for persons hunting animals listed in Part 2 of Schedule 3 on private land, or persons hunting on land they own or occupy (s 17(1)(a)-(b)). A careful factual analysis is required to determine whether a given hunt falls within an exemption. Note that the owner/occupier exemption does not apply to hunting native game birds (s 17(1)(b)). The exemption for Aboriginal persons is qualified by native title determinations and registered claims or Local Aboriginal Land Council areas (s 17(1)(c)). Mistaking an exemption as broadly applicable could expose the actor to a 50 penalty unit offence under s 16.

Public land requires both declaration and licence

• A restricted game hunting licence alone does not permit hunting on public land; a declaration by the responsible Minister under s 20 must be in force for the land and for the time and species in question (s 18). Declarations can contain registration and permission requirements and other conditions that must be complied with before hunting is permitted (s 20(5)-(6)). Practitioners should verify both licence class and declaration status and any declaration‑specific requirements.

Licence does not authorise entry onto land

• Section 15(3) makes clear that a game hunting licence does not authorise entry into land that the holder is not otherwise authorised to enter. A licence does not displace trespass or private property rights. Licence-holders must secure land access rights separately.

Ministerial orders versus parliamentary amendment: species lists

• The Minister may amend Schedule 3 by order for non‑native animals (s 5(2)(a)-(b)). However, additions or omissions to Part 1A (native game birds) can only be made by Act of Parliament, per the note to Part 1A of Schedule 3. Practitioners must distinguish between the administrative flexibility to add non‑natives by Ministerial order and the parliamentary process required to alter the native game bird list. That affects how species are regulated and the speed of any list changes.

Interplay of exemptions under NPW Act and other laws

• Section 6A provides that licensed hunting on declared public hunting land does not, in connection with that hunting, constitute certain offences under the National Parks and Wildlife Act 1974. Section 6B further states that certain orders or notices under other environmental legislation have no effect to the extent they would prevent activity carried out in accordance with a game hunting licence or native game bird management licence. However, s 20(10) asserts that a declaration does not confer authority inconsistent with other Acts. This creates a layered interaction where some environmental prohibitions may be displaced for licensed activity but not where other Acts impose non‑derogable obligations. The practical implication is that compliance with the full suite of legal obligations requires careful cross‑checking of the applicable statutory instruments for conflicts.

Training and club membership prerequisites for restricted licences

• Restricted licences require membership of a hunting club or organisation approved by the Regulatory Authority and adequate training (s 19). The regulations may prescribe the kind of training. Applicants should confirm both club approval status and the content of prescribed training to avoid application refusals or later disciplinary action under s 21.

Inspector powers and evidence handling

• Inspectors have broad powers to enter premises where they have reason to believe hunting is occurring or where things connected to a hunting offence are present (s 39). Entry to residential parts is restricted without consent or warrant (s 41). Inspectors may seize items and remove them; the owner must dispute the seizure within 28 days or risk forfeiture proceedings (s 45(5)-(7)). Owners and businesses that might have items seized (for example taxidermists) should have processes for contesting seizure and ensuring records are available. Inspectors may take possession of documents produced in response to notices and provide certified copies; such certified copies are admissible in court (s 46(4)-(5)).

Taxidermist obligations create record-keeping liability

• Commercial taxidermists must be satisfied of the lawful provenance of skins of game animals in Parts 1 and 1A of Schedule 3, record the killer’s name and licence details and date received, and make records available to inspectors (s 55B). Failure to maintain records or accept a carcass without verification can trigger penalties of up to 50 penalty units. For taxidermy businesses the administrative burden is concrete and inspection risk is real.

Onus of proof for reasonable excuse

• Section 59 places the onus of proving a reasonable excuse on the defendant in any proceedings for an offence under the Act. That shifts evidential burdens compared with usual criminal law presumptions and is significant for contested prosecutions where statutory defences ordinarily described as “reasonable excuse” are relied upon.

Penalty notices and non‑prescribable offences

• The Act permits the issue of penalty notices for offences prescribed by regulation (s 57). However, s 55A offences of interfering with authorised hunting cannot be prescribed for the purpose of s 57 (s 55A(3)). Parties need to be aware that some offences will proceed only by court process and cannot be resolved by paying a penalty notice.

Delegation, authorised agents and commission arrangements

• The Regulatory Authority may enter arrangements with authorised agents to grant licences and permit commission retention or payment (s 28). Those arrangements may require recordkeeping and remittance obligations. Businesses acting as authorised agents must be careful that they cannot grant restricted licences and that the arrangement details are rigorously complied with to avoid administrative liability.

Compensation for inspector damage and occupier obstruction

• The Regulatory Authority is liable to pay compensation for loss or damage caused by inspectors in the exercise of entry powers, except where the occupier obstructed the inspector (s 52). The practical effect is that occupiers who obstruct inspectors may lose the ability to claim compensation, but occupier obstruction may itself be an offence under s 50.

These “gotchas” emphasise that compliance requires attention to the licence class, the land status (declared public hunting land), declaration terms, training and club membership prerequisites, inspector procedural safeguards, record-keeping for commercial operators, and the cross‑application of other statutes such as firearms, animal welfare and native title laws.

This section provides concrete compliance steps and a practical checklist for stakeholders derived from the statutory text.

For individuals wishing to hunt

1. Determine species and location:

   • Check Schedule 3 to see whether the target animal is a game animal and which Part it appears in (Schedule 3; s 5). Distinguish between non‑indigenous game animals (Part 1), native game birds (Part 1A) and non‑indigenous animals that require licences only on public land (Part 2).
   • If hunting on public land, confirm whether the land is declared public hunting land under s 20 and review the declaration for any location, species, time or registration conditions (s 20(2), (5)-(6)).

2. Identify the correct licence:

   • If hunting on private land and the animal is in Part 1, a general game hunting licence is appropriate (ss 14-15).
   • If hunting on declared public land, obtain a restricted game hunting licence and verify any declaration‑specific permissions (ss 14-15, 18, 20).
   • If killing native game birds on private land for sustainable agricultural management, the owner or occupier must obtain a native game bird management licence and quota compliance will apply; only holders of game hunting licences may carry out the kills (Part 3A, ss 32A-32D).

3. Check eligibility and training:

   • Ensure you meet eligibility criteria and are not disqualified by convictions listed in s 21(3). For restricted licences confirm membership of an approved hunting club or organisation and adequate training as required by s 19. Seek recognition of official identification tests for waterfowl where applicable (s 32F).

4. Apply through the Regulatory Authority, or an authorised agent:

   • Lodge the application with the Regulatory Authority or an authorised agent authorised under an arrangement (s 21, s 28). Pay applicable fees as set by regulation (s 26).
   • Prepare to produce truthful information and documents, knowing false or misleading statements attract a 50 penalty unit maximum (s 27).

5. Comply on the ground:

   • Carry your licence while hunting and produce it promptly when requested by an inspector (s 47).
   • Observe all licence conditions and mandatory provisions in the code of practice approved by the Minister (ss 22-24). A breach can be a criminal offence and ground for cancellation or suspension (ss 23, 29).
   • On declared public hunting land, comply with registration, permission and exclusion notices specified in the declaration, and obey any direction from an inspector to leave or not enter (s 20(6), s 50A).

For owners or occupiers seeking to use native game bird management licences

1. Make an application to the Regulatory Authority for a native game bird management licence specifying the land and the class and number of birds to be killed (s 32A(1)).
2. Understand that killing may be undertaken only for sustainable agricultural management purposes, not for sale (s 32A(3)), and may be carried out only by holders of game hunting licences (s 32A(2)).
3. Expect quota setting and conditions: work with the Regulatory Authority and consult the head of the Office of Environment and Heritage as required by s 32C; expect tagging, notification and audit requirements to be imposed as licence conditions under s 32E.
4. Ensure any persons engaged to kill are licensed and have passed the official identification test for waterfowl where required (s 32F).

For taxidermists and commercial processors

1. Verify provenance before accepting skins or carcasses of game animals listed in Part 1 or 1A of Schedule 3 (s 55B(1)(a)).
2. Record the killer’s name, licence details and date received in a legible form, and keep those records available for inspection by an inspector at reasonable times (s 55B(1)(b)-(2)).
3. Implement a records system that allows prompt production of certified copies under s 46 if a notice to produce is issued.

For land managers and responsible Ministers

1. If considering a declaration under s 20, follow the public notice requirements in the regulations and have regard to public safety, rights of others, relevant plans of management and recommendations of land managers and the Regulatory Authority (s 20(3)-(4)).
2. Understand declarations may be limited by location, species, timing and may require registration; ensure declarations are publicly communicated and copies sent to the Regulatory Authority (s 20(5)-(7)).
3. Check Schedule 3A prior to proposing declaration of national park estate land as declared public hunting land, because the land listed in Schedule 3A cannot be declared (s 20A(1), Schedule 3A).

For inspectors and enforcement officers

1. Ensure valid appointment instrument and carry identification cards if not a police officer; produce identification on request before exercising entry powers (ss 33, 35-36).
2. Respect constraints on entry to residential premises and the need for warrants where required (s 41, s 42).
3. When exercising powers, do as little damage as possible and document the exercise of powers; where damage occurs, inform occupiers of compensation avenues under s 52.
4. Use written authorisation and follow the prescribed circumstances when seeking to use force to enter premises (s 40).

For authorised agents and agencies

1. Where acting under an arrangement to grant licences, keep accurate records of applications, fees collected and remitted, and comply with the prohibition against granting restricted licences (s 28(2)-(4)).
2. Ensure commission arrangements and recordkeeping obligations are transparent and consistent with the arrangement authorised by the Regulatory Authority.

For those challenging decisions

1. Administrative review: Use the Tribunal review avenue available under s 31 for refusals to grant licences, imposition of licence conditions otherwise than by regulation, suspension or cancellation by the Regulatory Authority and disqualifications otherwise than by court order.
2. Criminal and forfeiture proceedings: Be prepared to litigate in the Local Court where offences are prosecuted summarily or where inspectors institute forfeiture proceedings under s 45(7).

Recordkeeping, audit and compliance systems

• Organisations and individuals who operate in the regulated space should implement systems to:
  • verify licence status and carry proof on hunts (s 47),
  • log species taken, dates and locations to support quota and tagging compliance where native game birds are concerned (ss 32D-32E),
  • maintain records required of taxidermists and authorised agents (ss 55B, 28),
  • store correspondence and notices relating to declarations, permissions and inspector interactions for evidentiary use (ss 20, 46, 58).

Following these steps and cross‑checking each activity against the specific sections cited will reduce legal risk. Where doubt exists about licence class, declaration status or the interaction with other legislation such as the Firearms Act or National Parks and Wildlife Act, seek confirmation from the Regulatory Authority or legal advice and, where necessary, use the administrative review route provided by s 31.