The Regulation organises licensing around class and type, preconditions, conditions of use, training, and enforcement, and it cross-references multiple other statutes. The primary structural concepts are:

• Licence classes and types, and their authorities. Section 4 prescribes that both general and restricted classes include five licence types: standard, visitor, hunting guide, commercial hunter’s and professional hunter’s licences. Sections 5-9 describe the authority each licence confers, for example a hunting guide licence also confers the authority of a standard hunting licence (s 7), and commercial and professional hunter licences likewise confer standard licence authority (ss 8, 9).

• Eligibility and age. Only individuals may hold licences (s 11(1)). Minimum ages are set: 18 for hunting guide, commercial and professional licences, and 12 for standard and visitor licences (s 11(2)-(3). A visitor’s licence is available only where the applicant’s principal place of residence is outside Australia (s 11(4)).

• Training and accreditation. The Regulatory Authority may approve training courses and accredit providers, and can require completion of an approved course as a condition of grant for particular classes/types (s 10(1)-(4), (5)). Approved courses may include statutory provisions, firearm safety, hunting ethics and animal welfare (s 10(4)(a)-(d)).

• Administrative process and fees. Applications must use an approved form published on the Regulatory Authority’s website and pay the listed fee in Schedule 1 (s 12(1)). The Regulation prescribes maximum licence durations: five years for game hunting licences other than visitor licences, and one year for native game bird management licences (s 13; s 22).

• Licence conditions. Schedule 2 is expressly prescribed as licence conditions for the purposes of the Act (s 17). Schedule 2 sets out obligations such as carrying and producing licences on request, supervision rules for minors, prohibitions on hunting animals fleeing fire, and detailed rules for hunting on declared public hunting land, use of dogs, and special rules for game birds.

• Grounds for refusal and removal. The Regulation mandates refusal where an applicant has been convicted within the past 10 years of a list of specified offences in this and other statutes, including firearms, cruelty, trespass and certain criminal offences (s 16(1)). It also mandates refusal where a person has been found guilty in the past 10 years of offences relating to firearms or weapons, hunting without permission or dishonesty, even if those offences occurred outside NSW (s 16(2)). Suspension or cancellation may follow conviction for an enumerated offence or where the Regulatory Authority is no longer satisfied the holder is fit and proper (s 18).

• Public land and land manager role. Declared public hunting land requires written permission from the manager. The manager can impose conditions and give directions which the hunter must follow (Schedule 2 Pt 2 s 5). Managers are appointed by the Minister or authority with care and control of the land (s 5(5)).

• Penalties and penalty notices. Schedule 3 lists the provisions for which penalty notices may be issued and the fixed penalty amounts, and clause 1 explains the limited operation of those notices in respect of restricted offence types (Schedule 3).

Cross-references to other laws are frequent, and several operative definitions are adopted from the Firearms Act 1996 and Companion Animals Act 1998 (s 3; Schedule 2 s 8(d) note). The Regulatory Authority retains discretion over approvals, withdrawals, upgrades and administrative processes (s 10, s 12(3), s 15, s 18).

The Regulation directly affects a defined set of people and entities, and indirectly affects several classes of third parties.

Directly affected persons

• Prospective and current licence-holders, who must be individuals (s 11(1)). Types of licence-holders include holders of standard hunting licences (s 5), visitor’s licences (s 6), hunting guides (s 7), commercial hunters (s 8) and professional hunters (s 9). The Regulation sets differing permissions, age minima, fees and conditions by licence type.

• Minors and their supervisors. Persons under 18 may hold standard or visitor’s licences if at least 12 years old, but minors under 18 must hunt only under the close personal supervision of a person aged at least 18 who holds a standard or hunting guide licence of the same class (Schedule 2 s 3(1)). Use of firearms by persons under 18 is tied to the minor’s firearms permit under the Firearms Act 1996 (Schedule 2 s 3(2)).

• Visitors whose principal place of residence is outside Australia. Visitor’s licences are limited by residence condition (s 11(4)), and a visitor’s licence authorises hunting only in the company of a holder of a standard hunting licence or hunting guide licence of the same class (s 6).

• Owners and occupiers of land used for agricultural purposes, insofar as native game bird management licences are available only to owners or occupiers of agricultural land (Part 3 s 21). These licence-holders must follow whatever quotas and conditions apply and may grant permission to other hunters on their land, subject to s 12 of Part 3.

• Managers of declared public hunting land, who must issue written permission to entrants before hunting is lawful on the land, may impose conditions and give directions to licence-holders, and on whose appointment the obligation to issue permission depends (Schedule 2 Pt 2 s 5).

Indirectly affected persons and entities

• Firearms licence-holders acting for vertebrate pest control who are exempted in specific circumstances (s 19(1)(c), cross-referencing Firearms Act). The Regulation adopts definitions such as “possession” and “genuine reason” from the Firearms Act (s 3).

• Dog owners used for hunting and their animals, because Schedule 2 sets out identification, control and equipment requirements for dogs used in hunting on declared public hunting land, and requires compliance with the Companion Animals Act 1998 where relevant (Schedule 2 Pt 2 s 8).

• The Regulatory Authority, which determines training approvals, form content, and to whom licences are issued or refused, and which may withdraw course approval (s 10), impose licence conditions under Schedule 2 (s 17), refuse on conviction grounds (s 16) and suspend or cancel licences (s 18).

• Inspectors and police, who are empowered to request production of licences (Schedule 2 s 2), and to issue penalty notices under Schedule 3 consistent with Act s 57 (Schedule 3).

Who pays

• Applicants and licence-holders pay the application and grant fees listed in Schedule 1, which vary by licence type and duration (Schedule 1 items 1-4). There is a reduced fee entitlement for applicants under 18 or eligible pensioners, being a one-third reduction (s 14). Additional small administrative fees are specified, such as $10 for an upgrade from general to restricted licence (Schedule 1 item 5) and $30 for replacement licences (Schedule 1 item 6).

Who decides

• The Regulatory Authority decides training approvals, accreditation, grant or refusal of licences, and may suspend or cancel licences (s 10, s 12, s 16, s 18). Land managers decide permission to hunt on declared public hunting land and may impose site-specific conditions and directions (Schedule 2 Pt 2 s 5(2)-(3)).

The Regulation also alters how existing players operate by confining some exemptions (s 19) and by prescribing compliance and record obligations such as the public land harvest return within 30 days after the expiry of permission (Schedule 2 Pt 2 s 5(4)).

The Regulation imposes express duties on licence-holders and on third parties such as land managers, and confers specific authorisations.

Rights conferred by licences

• Authority to hunt. Each licence type confers specific hunting authority. A standard hunting licence authorises hunting except as a guide, commercial or professional hunter (s 5). Hunting guide, commercial hunter and professional hunter licences each confer the authority of a standard licence in addition to their specialised authority (ss 7-9). A visitor’s licence authorises hunting only when the visitor is in the company of a standard licence holder or hunting guide of the same class (s 6).

• Duration. Licences may be issued for up to five years for game hunting licences other than visitor licences (s 13). Native game bird management licences are limited to one year (s 22).

Primary duties on licence-holders

• Carry and produce licence. The holder of a game hunting licence must carry it when engaged in hunting and produce it for inspection on request by an inspector, a police officer or the landowner/occupier on whose land the person is hunting (Schedule 2 Part 1 s 2).

• Supervision of minors. Persons under 18 must hunt only under the close personal supervision of a person aged 18 or older, and the supervisor must hold a standard or hunting guide licence of the same class (Schedule 2 Part 1 s 3(1)). Minors must not use firearms for hunting except under a minor’s firearms permit and within its authority (Schedule 2 Part 1 s 3(2)).

• Prohibitions on certain hunting methods. A licence-holder must not hunt game animals fleeing from fire or smoke, and must not light fires to flush animals, subject to an exception for professional hunters (Schedule 2 Part 1 s 4). On declared public hunting land, baiting and placing attractants is prohibited (Schedule 2 Pt 2 s 6), hunting from a motor vehicle is prohibited (s 7), and using aircraft or watercraft or motor vehicles to hunt game birds is generally prohibited (Part 3 s 10), with specified exceptions for commercial and professional hunters (s 10(2)).

• Responsibilities on declared public hunting land. A person must obtain written permission from the land manager before entering declared public hunting land to hunt (Schedule 2 Pt 2 s 5(1)), comply with permission conditions and reasonable directions from the manager (s 5(2)), and if hunting on permission provide a public land harvest return to the Regulatory Authority within 30 days after expiry of the permission (s 5(4)). If the hunter is a minor both the minor and supervisor must have written permission (s 5(3)).

• Use and control of dogs. Dogs used for hunting on declared public hunting land must meet identification and control requirements: used only for specified functions (locate, flush, point or retrieve game birds; locate, hold or bail pigs; locate, point or flush deer), wear collars with owner details, be on leads or wearing a functioning radio tracking collar, be identified as required under the Companion Animals Act 1998, and not be abandoned (Schedule 2 Pt 2 s 8 items (a)-(e)). There are specific numerical limits on numbers of dogs for pig and deer hunting depending on whether hunting alone or as part of a group (s 8(f)-(g)).

• Compliance with native bird conditions. Hunters must not hunt native game birds on a licence holder’s land without the licence holder’s permission and must comply with any conditions the licence holder imposes including species and quotas, and with reasonable directions from the licence holder (Part 3 s 12).

Administrative duties and preconditions

• Application form and evidence. Applications must be made on an approved form published on the Regulatory Authority’s website and accompanied by the fee in Schedule 1; applicants must provide evidence asked for by the Regulatory Authority to determine eligibility (s 12(1)-(2)).

• Training completion. Where the Regulatory Authority approves a course for a particular class or type, applicants are ineligible unless the Regulatory Authority is satisfied they have successfully completed the approved course (s 10(3)).

• Fee discounts and replacements. Eligible applicants under 18 or eligible pensioners receive a one-third reduction in application fee (s 14). Replacement licences for lost/destroyed licences may be issued for the remainder of the original period on payment of the specified fee (s 15; Schedule 1 item 6).

Discretionary powers affecting rights

• Refusal and cancellation. The Regulatory Authority must refuse if the applicant has certain convictions within the last 10 years listed in s 16(1), or has been guilty of firearms/weapons, hunting without permission or dishonesty offences in the last 10 years even if outside NSW (s 16(2)). It may suspend or cancel where the holder is found guilty of an enumerated offence or where the Authority is no longer satisfied the holder is fit and proper (s 18).

• Course approval and withdrawal. The Regulatory Authority decides what training is approved and may withdraw approval or accreditation (s 10(1), (5)). Different courses may be approved for different licence classes/types (s 10(2)).

Penalty notices and enforcement

• Fixed penalty regime. Schedule 3 prescribes penalty notice offences and amounts, and clause 1 of Schedule 3 explains that the Schedule operates under Act s 57, limiting penalty notices to the listed provisions and circumstances.

These duties and rights are framed as statutory obligations and authorisations, often cross-referenced to other legislation such as the Firearms Act 1996 and Companion Animals Act 1998, and are enforceable by inspectors and police who may demand production of licences or proceed under the Act and Regulation where offences arise.

The Regulation implements both administrative controls and an express penalty notice scheme for certain contraventions. Enforcement mechanisms are split between criminal/administrative actions under the Act and fixed penalty notices under this Regulation’s Schedule 3.

Penalty notices

• Schedule 3 lists specific provisions for which penalty notices may be issued and the fixed amounts. It expressly applies the Act s 57 penalty notice mechanism to the specified offences via Schedule 3 clause 1(1)(a)-(b). The Schedule shows examples of amounts and corresponding provisions, for instance offences under the Act ss 16(1) and 27(1) attract a $500 penalty notice, and s 23 (general requirement to give notice of proposed declaration of hunting land) $550 or $220 in prescribed limited cases (Schedule 3 table). Section 1(2) of Schedule 3 clarifies that where a provision is worded to apply only in limited circumstances, penalty notices may be issued only for those limited offences.

Criminal and administrative enforcement

• Refusal, suspension and cancellation. Under s 16 the Regulatory Authority must refuse grant if the applicant has been found guilty of specified offences within the previous 10 years, and under s 18 the Regulatory Authority may suspend or cancel a licence if the holder is found guilty of a specified offence in s 16 or if the Authority is no longer satisfied the holder is fit and proper. Those powers operate alongside the Act’s enforcement framework; the Regulation prescribes the offences that trigger refusal and administrative action.

• Production of licence and inspection. Schedule 2 Part 1 s 2 requires licence-holders to carry their licence while hunting and to produce it for inspection on request by an inspector, police officer or the landowner/occupier. Failure to produce a licence could attract a penalty, either via criminal prosecution under the Act or through the relevant penalty notice if the provision is included in Schedule 3, as specified.

• Manager and inspector roles on declared public hunting land. Schedule 2 Part 2 s 5 requires written permission before hunting on declared public hunting land, and requires hunters to comply with conditions and reasonable directions from the manager. Non-compliance with such conditions or directions could feed into offences listed in the Act or Regulation, and lead to penalty notices or other enforcement action.

Interaction with other enforcement regimes

• Firearms regulation. The Regulation frequently cross-references the Firearms Act 1996 (for definitions and the minor’s permit, see s 3 and Schedule 2 Part 1 s 3(2)). Offences under the Firearms Act are among those listed in s 16(1) that must result in refusal of a licence if convictions occurred in the relevant 10-year period. Because firearms licensing and possession have their own enforcement and penalty regimes, the Regulation creates overlapping compliance obligations for licence-holders carrying firearms for hunting.

• Companion Animals Act and microchipping. The Regulation conditions dog use on compliance with Companion Animals Act identification requirements (Schedule 2 Part 2 s 8(d) note). Non-compliance with identification obligations could therefore lead to enforcement action under the Companion Animals Act as well as possible offences under the Regulation where applicable.

Practical operation of penalty notices

• The Regulation limits which breaches may be dealt with by penalty notice amounts and prescribes those amounts in Schedule 3; other breaches of the Regulation may require prosecution or administrative action such as licence suspension or cancellation under the Act. Schedule 3 clause 1(2) constrains issuance of penalty notices to the exact categories specified.

The Regulation therefore creates a tiered enforcement architecture. Fixed penalties provide straightforward enforcement for designated contraventions; administrative refusal, suspension or cancellation target fitness to hold a licence; and cross-referenced statutes (Firearms Act, Companion Animals Act) bring additional enforcement avenues and penalties where those laws are breached.

The Regulation deliberately integrates with multiple Acts, drawing definitions, delegating some conditions to external codes and importing offences from other regimes as disqualifying conduct. Key points of interaction are explicit in the text.

Firearms Act 1996

• Definitions and minimum ages. Section 3 expressly takes the meaning of “firearm” and “possession” from the Firearms Act 1996. Schedule 2 Part 1 s 3(2) links the permissible use of firearms by minors to the minor’s firearms permit under the Firearms Act and notes the minimum age for such permits as 12. Section 19(1)(c) provides a licensing exemption for persons holding a firearms licence under Firearms Act s 12 for vertebrate pest animal control, and section 19(2) adopts the Firearms Act definition of “genuine reason.” Offences under the Firearms Act are part of the list in s 16(1) that mandates refusal if convictions occurred in the prior 10 years.

Companion Animals Act 1998

• Dog identification obligations. Schedule 2 Part 2 s 8(d) requires dogs used for hunting on declared public hunting land to be identified in the way required under Companion Animals Act s 8, with a note referring to microchipping requirements under that Act. This creates overlapping obligations: non-compliance can give rise to action under both acts.

Game and Feral Animal Control Act 2002 (the Act)

• Core delegation. The Regulation operates under the Act and frequently references Act provisions. For example, licence types are prescribed for the Act s 32 in s 4; the Regulatory Authority’s powers to approve training courses are exercised for the purposes of Act s 32(2)(c) in s 10; conditions of licence are prescribed under Act s 22(3) by Schedule 2 in s 17; and the penalty notice scheme is applied under Act s 57 via Schedule 3 clause 1. The Regulation also modifies application of particular Act parts to native game bird management licences (Part 3 s 20).

Other NSW statutes and regulations

• Grounds for refusal collect offences under a range of statutes: Biodiversity Conservation Act 2016, Companion Animals Act 1998, Crimes Act 1900, Crown Land Management Act 2016, Firearms Act 1996, Firearms Regulation 2017, Fisheries Management (General) Regulation 2019, Forestry Act 2012, National Parks and Wildlife Act 1974, National Parks and Wildlife Regulation 2019, Prevention of Cruelty to Animals Act 1979, Summary Offences Act 1988, Weapons Prohibition Act 1998 (s 16(1)). The Regulation therefore ties game hunting licence eligibility to conduct regulated across other environmental, animal welfare and criminal statutes.

Subordinate Legislation Act 1989

• Transitional mechanics. Section 2 notes that this Regulation repeals and replaces the 2012 Regulation which would otherwise have been repealed under Subordinate Legislation Act 1989 s 10(2) on 1 September 2022. The repeal and savings clause in Pt 5 s 24 preserves acts or things that had effect under the 2012 Regulation.

Codes of practice and administrative instruments

• Condition by reference. Compliance with mandatory provisions of a code of practice approved under Act s 24 is also a condition of a game hunting licence, as noted in s 17. This delegates substantive regulatory content to codes approved under the Act, making the practical obligations on licence-holders contingent on those external instruments.

Common law and cross-border offences

• Foreign or interstate offending. Section 16(2)(b)(i)-(ii) treats offences in other Australian jurisdictions and overseas jurisdictions as disqualifying if, had they been committed in Australia, they would be offences under Australian law. This creates an extraterritorial evidentiary and character test grounded in foreign convictions.

Administrative and information law

• Electronic applications. Section 12(1)(a) requires applications to be made in a form approved by the Regulatory Authority and notes that the approved form is published on the Authority’s website. The note to s 12 refers to the Electronic Transactions Act 2000 s 8, confirming that written information may be provided electronically.

Taken together, the Regulation embeds game hunting licensing within a wider legal framework, making compliance multi-layered: applicants must satisfy not only this Regulation but also relevant firearms, animal welfare, biodiversity and companion animal laws. Several provisions make direct compliance dependent upon obligations under other Acts, and some disqualification and enforcement powers are triggered by conduct adjudicated under those other statutory regimes.

The Regulation text provided contains limited, explicit amendment history and a single substantive transitional provision. The key historical mechanics recorded in the Regulation are:

• Repeal and replacement of the 2012 Regulation. Part 5 s 24(1) repeals the Game and Feral Animal Control Regulation 2012. Part 5 s 24(2) preserves acts, matters or things that, immediately before repeal, had effect under the 2012 Regulation, so that those effects continue under this Regulation after repeal.

• Commencement. Section 2 sets the commencement rule: the Regulation commences on the day it is published on the NSW legislation website. Section 2 also records, as a note, that the predecessor 2012 Regulation would otherwise have been repealed on 1 September 2022 under the Subordinate Legislation Act 1989 s 10(2), and that this Regulation repeals and replaces the 2012 instrument.

• Naming. Section 1 declares the instrument’s title, Game and Feral Animal Control Regulation 2022.

The Regulation does not include a schedule of amendments or an explicit chronology of prior amendments within the provided text. The only express savings and transitional provision is the saving of acts and matters that had effect under the 2012 Regulation so they continue to have effect under this Regulation (s 24(2)). No other transitional arrangements, phased implementations or amendment dates are present in the text supplied.

If one needs the full amendment history beyond this instrument’s immediate repeal of the 2012 Regulation, the text indicates the predecessor was the 2012 instrument and that the new instrument was structured to take effect on publication. The Regulation also cross-references other Acts and regulations whose amendment histories may affect operative obligations, but this instrument itself provides no further historical layers or modification chronology beyond the repeal and savings mechanism described.

The Regulation text itself does not record any judicial decisions, appeals or challenges. There are no cases, judgments, or administrative review outcomes cited or incorporated in the supplied instrument. Accordingly, there is no litigation history embedded in the Regulation’s wording to report.

Areas where litigation or review could plausibly arise, based on the text of the Regulation

• Refusal and suspension decisions. Sections 16 and 18 create mandatory refusal and discretionary cancellation/suspension powers tied to past convictions and the Authority’s view of whether a person is fit and proper. Decisions under these provisions could be the subject of merits review or judicial review, for example challenging whether the list of convictions applies to a particular historical finding, whether the 10-year lookback was correctly applied, or whether the Authority properly assessed fitness to hold a licence. The Regulation lists specific statutory provisions whose convictions mandate refusal (s 16(1)); procedural fairness and reasoned decision-making would likely be contested in any review.

• Extraterritorial conviction assessment. Section 16(2)(b) treats convictions in other Australian jurisdictions or overseas as disqualifying where, had the offence been committed in Australia, it would constitute an offence. Disputes may arise over equivalence assessments, admissibility of foreign convictions, and the application of this equivalence test.

• Training approval and accreditation. The Regulatory Authority may approve courses and accredit providers, and may withdraw approvals (s 10). Challenges could be mounted by applicants or providers as to procedural fairness if approvals are withdrawn, or as to whether particular course content satisfies the statutory list of permitted subject matter in s 10(4).

• Licence conditions and codes of practice. Schedule 2 is prescribed as licence conditions under s 17, and compliance with mandatory provisions of any code of practice approved under Act s 24 is also a condition. Disputes could occur over the scope of Schedule 2 or of a code of practice, for example whether a specific on-ground requirement exceeds regulatory authority or is inconsistent with the Act.

• Interpretation of exemptions and definitions. Section 19 creates narrow licensing exemptions for certain official pest-control obligations, exclusive possession arrangements on public land, and persons holding firearms licences for vertebrate pest control. Litigation could test the scope of those exemptions, for example what constitutes occupation conferring exclusive possession or what counts as an obligation imposed under an Act.

• Penalty notice scope. Schedule 3 restricts which contraventions may attract penalty notices and in what amounts. Disagreements could arise about whether an incident falls within the limited kinds of offences for which a penalty notice may be issued, or whether the use of penalty notices is appropriate given the nature of the breach.

• Interaction with other statutes. Because the Regulation imports definitions and cross-references enforcement regimes in other Acts (notably the Firearms Act and Companion Animals Act), disputes could involve conflicting obligations across statutes and whether compliance with one statute satisfies the Regulation’s requirements.

All of the above are prospective assessment points drawn from the Regulation’s text, and not reports of existing litigation. The Regulation itself contains no decisions, case references or adjudicative record to summarise.

The Regulation contains several technical traps and contingencies that practitioners and compliance officers should note. These are concrete, text-based risks where non-compliance or mistaken assumptions commonly arise.

1. Only individuals can hold licences (s 11(1)). Do not attempt to register a corporation or trust as the licence-holder. Commercial enterprises must ensure an individual employee or contractor is the nominal licence-holder.

2. Visitor’s licence residency requirement. A visitor’s licence may be granted only if the Regulatory Authority is satisfied the applicant’s principal place of residence is outside Australia (s 11(4)). Visitors cannot rely on temporary visas or ambiguous residency assertions without documentary evidence requested by the Authority (s 12(2)).

3. Age thresholds differ by licence type. Standard and visitor licences have a minimum age of 12, but hunting guide, commercial and professional licences require the licence-holder to be at least 18 (s 11(2)-(3)). Minors are subject to strict supervision rules when hunting (Schedule 2 Part 1 s 3).

4. Training can be a hard prerequisite, not a suggestion. The Regulatory Authority may approve courses and require successful completion to be eligible for a particular class/type of licence (s 10(1)-(4)). Approval and accreditation rest with the Authority and may be withdrawn (s 10(5)). Practitioners should confirm course approval before relying on course completion.

5. A broad list of convictions will mandate refusal. Section 16(1) lists offences under numerous Acts that must result in refusal if convictions occurred within the previous 10 years, including firearms, animal cruelty, biodiversity, national parks offences, and serious criminal offences. Section 16(2) extends disqualification to firearms/weapons, hunting without permission and dishonesty offences committed interstate or overseas. Verify applicants’ conviction histories and foreign equivalents.

6. Fit and proper is a live standard. Section 18 permits suspension or cancellation if the Regulatory Authority is no longer satisfied the holder is fit and proper. That is discretionary and fact-sensitive; record-keeping and prompt remediation of conduct issues are important.

7. Different maximum periods. General game hunting licences may be issued for up to five years (s 13), but native game bird management licences are capped at one year (s 22). Ensure correct fee and duration selection in applications (Schedule 1).

8. Fee structure and small traps. Schedule 1 sets fees by licence type and duration. A one-third reduction applies for applicants under 18 or eligible pensioners, rounded to the nearest dollar (s 14). An upgrade from a general to a restricted licence costs $10 (Schedule 1 item 5). Replacement licences cost $30 (Schedule 1 item 6). Mistakes on duration or failure to claim discount eligibility will cause application delay or underpayment.

9. Written permission required on declared public hunting land. A licence does not in itself authorise entry to declared public hunting land, and hunters must obtain written permission from the manager before entry (Schedule 2 Pt 2 s 5(1)). Managers can set conditions and give directions, and hunters must comply and produce the permission on request. Hunters must also submit a public land harvest return within 30 days after the permission expires (s 5(4)). Failure to obtain permission is a standalone breach.

10. Dogs: identification and restrictions. Use of dogs on declared public hunting land is strictly regulated, including required collar tags with owner details, leads or radio tracking collars switched on, compliance with Companion Animals Act identification (microchipping), and numerical limits on dogs for pig and deer hunting (Schedule 2 Pt 2 s 8). The requirement that the dog not be abandoned is explicit (s 8(e)). Failure to meet any of these requirements may attract penalties under this or other Acts.

11. Exceptions for professional and commercial hunters. Several prohibitions do not apply to professional or commercial hunters, for example the ban on hunting animals fleeing fire or smoke (Schedule 2 Part 1 s 4(3)), use of aircraft/watercraft/motor vehicles for game birds (Part 3 s 10(2)), baits and decoys for game birds (Part 3 s 11(4)), and night hunting for certain native birds (Part 3 s 13(2)). However, those exceptions do not remove other obligations such as licences, training and manager permission.

12. Penalty notice limits. Not every breach of the Regulation is captured by Schedule 3; only listed provisions are penalty notice offences and subject to the amounts in Schedule 3. For other breaches, administrative action under the Act or prosecution may follow. Check Schedule 3 and its application clause carefully when advising on likely enforcement pathways.

13. Codes of practice become conditions. Mandatory provisions of any code of practice approved under Act s 24 are licence conditions (s 17 note). Keep abreast of the content of any code of practice, which can effectively expand operational obligations beyond the Regulation.

14. Interaction with firearms law. Several obligations and exemptions hinge on the Firearms Act definitions and permits (s 3, s 19). Hunters using firearms must satisfy both this Regulation and the Firearms Act; non-compliance with firearms conditions may also trigger refusal or cancellation under s 16 and s 18.

Practitioners should therefore verify the applicant’s identity, age and residency, confirm approved training and fee payment, ensure written permissions for public land, maintain documentary evidence for compliance and take care with dog identification and control measures, because the Regulation interlocks with other statutes and contains precise administrative and evidential requirements.

This section sets out a practical, compliance-oriented checklist derived from the Regulation. It assumes the reader is assisting an individual applicant or licence-holder. Each step points to the Regulation provision(s) that require or authorise the action.

1. Confirm licence type and eligibility (ss 4-9, s 11)

   • Determine the correct licence type based on the intended activity (standard, visitor, hunting guide, commercial hunter, professional hunter, or native game bird management).
   • Confirm applicant is an individual (s 11(1)) and meets age requirements: at least 18 for hunting guide, commercial and professional licences, and at least 12 for standard or visitor licences (s 11(2)-(3)).
   • For a visitor’s licence, obtain and retain evidence showing principal place of residence is outside Australia, as the Regulatory Authority may request evidence (s 11(4), s 12(2)).

2. Check conviction history and fitness (s 16, s 18)

   • Obtain the applicant’s criminal history and review for any convictions listed in s 16(1) in the previous 10 years, including offences under the Firearms Act, Prevention of Cruelty to Animals Act, National Parks and Wildlife Act and other specified Acts.
   • Ascertain whether the applicant has any convictions for firearms/weapons offences, hunting without permission, or dishonesty in the prior 10 years, including interstate or overseas offences that would equate to Australian offences (s 16(2)).
   • If concerns exist, advise on likely refusal risk and collect any mitigation evidence (rehabilitation, time elapsed, context) for the Regulatory Authority’s consideration.

3. Complete required training and accreditation (s 10)

   • Check the Regulatory Authority’s website for a list of approved courses and accredited providers for the licence class/type being applied for (s 10(1)). Different courses may apply to different licence types (s 10(2)).
   • Ensure the applicant successfully completes any required approved course and keep the certificate of completion, because the Authority may refuse unless satisfied of completion (s 10(3)).
   • If operating as a training provider, seek formal accreditation and maintain compliance with any withdrawal conditions (s 10(1), (5)).

4. Prepare and lodge the application (s 12)

   • Use the approved application form published on the Regulatory Authority’s website (s 12(1)(a)).
   • Pay the prescribed fee from Schedule 1 for the chosen licence type and duration, and claim a one-third reduction if the applicant is under 18 or an eligible pensioner; document eligibility for the discount (s 12(1)(b), s 14).
   • Provide any evidence the Regulatory Authority requests to decide eligibility, at application time or afterwards (s 12(2)). Retain copies of all evidence and communications.

5. If upgrading or replacing a licence, use the correct process and fees (s 12(3), s 15; Schedule 1)

   • Upgrading from a general to a restricted licence costs $10 (Schedule 1 item 5) and can be done for the remainder of the licence period (s 12(3)).
   • Replacement licences for lost, destroyed or defaced licences are issued for the remaining period on payment of $30 (s 15; Schedule 1 item 6).

6. Comply while hunting (Schedule 2)

   • Always carry the licence while hunting and produce it on request by an inspector, police officer or landowner/occupier (Schedule 2 Part 1 s 2).
   • Ensure minors hunt only under close personal supervision by an eligible adult licence-holder and that supervisors and minors have required written permissions where applicable (Schedule 2 Part 1 s 3; Pt 2 s 5(3)).
   • Do not hunt animals fleeing from fire or smoke, and do not light fires to flush animals, except for professional hunters where an exception applies (Schedule 2 Part 1 s 4).
   • Do not use bait, grain, carcasses or other attractants on declared public hunting land (Schedule 2 Pt 2 s 6).
   • Do not hunt from a motor vehicle on declared public hunting land (Schedule 2 Pt 2 s 7).
   • Follow dog identification and control requirements, including collar tags, radio tracking or leads, microchipping/identification per the Companion Animals Act, and limits on numbers of dogs for particular hunts (Schedule 2 Pt 2 s 8).
   • For game birds, do not hunt from aircraft, watercraft or motor vehicles unless a relevant exception applies, and avoid baiting or use of decoys, subject to the exception for professional hunters (Part 3 ss 10-11).
   • For native game birds, obtain permission from the native game bird management licence-holder when hunting on their land, and obey any quotas or directions they impose (Part 3 s 12).

7. Permissions and records for declared public hunting land (Schedule 2 Pt 2 s 5)

   • Obtain written permission from the land manager before entering declared public hunting land to hunt. Ensure any conditions or directions are noted and followed.
   • Retain a copy of the written permission and be prepared to produce it to inspectors and police.
   • Submit a public land harvest return to the Regulatory Authority within 30 days after the permission expires, using the form approved by the Authority, in hard copy or electronically (s 5(4)).

8. Manage overlap with firearms law and animal laws (s 3, s 19, Schedule 2 s 8(d) note)

   • Ensure the hunter holds and carries the relevant firearms licence and complies with any conditions under the Firearms Act when using firearms, for example a minor’s permit where relevant (Schedule 2 Part 1 s 3(2); s 3).
   • If relying on the s 19 exemption for pest control under another Act, document the statutory obligation and the land and period to which it applies, because s 19(1)(a) limits the exemption to the land and period covered by the obligation.
   • Ensure dogs are microchipped and identified in line with the Companion Animals Act where required (Schedule 2 Pt 2 s 8(d) note).

9. Anticipate enforcement risks and penalty notices (Schedule 3)

   • Familiarise yourself with Schedule 3 to see which offences attract penalty notices and fixed amounts. For other breaches, advise clients they may face administrative action, licence suspension or prosecution.
   • Keep contemporaneous records, photographs and copies of permissions, harvest returns, training certificates and application receipts to support defence against enforcement actions.

10. Respond promptly to Regulatory Authority requests and decisions (s 12(2), s 10(5), s 18)

• The Authority may request evidence after the application is lodged. Provide requested documentation promptly.
• If the Authority refuses an application, suspends or cancels a licence, advise on internal review or merits review processes under the Act and administrative law remedies, and assemble evidence of rehabilitation, compliance training and fitness.

Checklist for applicants before first hunt

• Approved licence issued and carried (s 2).
• Written permission to hunt on declared public hunting land if applicable (Schedule 2 Pt 2 s 5(1)).
• Training completion certificate if required (s 10(3)).
• Firearms licence or minor’s permit if using firearms (Schedule 2 Part 1 s 3(2), s 3).
• Dog identification and radio tracking equipment where applicable (Schedule 2 Pt 2 s 8).
• Record of fee payments and any discount eligibility documentation (s 12, s 14, Schedule 1).
• Harvest return template at hand for submission within 30 days after permission expiry (Schedule 2 Pt 2 s 5(4)).

Following these steps, and keeping documentary proof of each compliance element, aligns operations with the Regulation’s requirements and reduces the risk of refusals, suspensions or penalty notices.