(a) a person appointed as an inspector under section 19; or
(b) a person referred to in section 20.
migratory bird means a bird, alive or dead, of a species or subspecies specified in Schedule 3, and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers or any other part;
of such a bird.
permit means a permit in force under this Ordinance.
sell includes exchange.
take means take, catch, capture or keep and includes, in relation to a live bird, kill or injure (whether or not for the purpose of taking).
(3) A reference in this Ordinance to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.
4 Permits to take birds
(1) A person may apply in writing to the Minister for the grant of a permit to take:
(a) migratory birds of a species or subspecies specified in the application; or
(b) birds of a species in danger of extinction, being birds of a species or subspecies specified in the application.
(2) An application under subsection (1) for the grant of a permit shall state the purpose for which birds of a species or subspecies to which the application relates are proposed to be taken under the permit, being:
(a) in the case of an application for the grant of a permit to take migratory birds — a prescribed purpose referred to in subsection (5); or
(b) in the case of an application for the grant of a permit to take birds of a species in danger of extinction — a prescribed purpose referred to in subsection (5).
(3) Subject to section 18, the Minister may, upon application being made in accordance with subsections (1) and (2), grant a permit to a person to take birds of a species or subspecies specified in the application.
(4) The Minister shall specify in each permit granted under this section the purpose for which birds of the species or subspecies to which the permit relates may be taken under the permit, being the purpose specified, in accordance with subsection (2), in the application for the permit.
(5) For the purpose of subsection (2), each of the following purposes is a prescribed purpose:
(a) keeping for a scientific purpose;
(b) keeping for an educational purpose;
(c) keeping for a purpose related to propagation;
(d) keeping for purposes related to the protection of persons or property from damage, interference or nuisance caused by birds;
(e) keeping for a purpose prescribed by regulations under this Ordinance.
5 Permits to take birds to be issued subject to conditions
A permit granted under section 4 is subject to:
(a) the condition that the holder of the permit shall not take birds of the species or subspecies to which the permit relates otherwise than for the purpose specified in the permit in accordance with subsection 4 (4); and
(b) such other conditions, being conditions of any of the kinds referred to in section 6, as are imposed by the Minister and specified in the permit.
6 Conditions subject to which permits to take birds may be issued
The kinds of conditions referred to in paragraph 5 (b) are conditions relating to:
(a) the number of birds that may be taken alive;
(b) the number of birds that may be taken dead;
(c) the number of eggs that may be taken;
(d) the parts of eggs that may be taken;
(e) the descriptions and quantities of parts of birds that may be taken;
(f) the age and sex of birds that may be taken;
(g) the condition of birds that may be taken;
(h) the periods, and times of day, during which birds may be taken;
(i) the periods, and times of day, during which eggs may be taken;
(j) the numbers of birds that may be taken in particular periods at particular times of the day in relation to the sex, age and condition of the birds;
(k) the places at which birds may be taken in relation to the age, sex and condition of the birds;
(l) the places at which eggs may be taken;
(m) the methods by which birds may be taken;
(n) the contrivances that may be used for taking birds; or
(o) the furnishing to the Minister of information in relation to birds taken.
7 Permits for the sale of birds
(1) A person may apply in writing to the Minister for the grant of a permit to sell:
(a) migratory birds of a species or subspecies specified in the application; or
(b) birds of a species in danger of extinction, being birds of a species or subspecies specified in the application.
(2) Subject to section 18, the Minister may, upon application being made in accordance with subsection (1), grant a permit to a person to sell birds of a species or subspecies to which the application relates.
8 Permit to sell birds to be issued subject to conditions
A permit granted under section 7 is subject to such conditions, being conditions of any of the kinds referred to in section 9, as are imposed by the Minister and specified in the permit.
9 Conditions subject to which permit to sell birds may be issued
The kinds of conditions referred to in section 8 are conditions relating to:
(a) the number of birds that may be sold alive;
(b) the number of birds that may be sold dead;
(c) the number of eggs that may be sold;
(d) the parts of eggs that may be sold;
(e) the descriptions and quantities of parts of birds that may be sold;
(f) the age and sex of birds that may be sold;
(g) the condition of birds that may be sold;
(h) the periods, and times of day, during which birds may be sold;
(i) the class of persons to which birds may be sold;
(j) the manner in which birds may be offered for sale;
(k) the manner in which birds may be kept for the purposes of sale; or
(l) the furnishing to the Minister of information in relation to birds sold.
10 Permits for purchase of birds
(1) A person may apply in writing to the Minister for the grant to him of a permit to purchase:
(a) migratory birds of a species or subspecies specified in the application; or
(b) birds of a species in danger of extinction, being birds of a species or subspecies specified in the application.
(2) An application under subsection (1) for the grant of a permit shall state the purpose for which birds of the species or subspecies to which the application relates are proposed to be purchased, being:
(a) in the case of an application for the grant of a permit to purchase migratory birds — a prescribed purpose referred to in subsection (5); or
(b) in the case of an application for the grant of a permit to take birds of a species in danger of extinction — a prescribed purpose referred to in subsection (5).
(3) Subject to section 18, the Minister may, upon application being made in accordance with subsections (1) and (2), grant a permit to a person to purchase birds of a species or subspecies specified in the application.
(4) The Minister shall specify in each permit granted under this section the purpose for which birds of a species or subspecies to which the permit relates may be purchased under the permit, being the purpose specified, in accordance with subsection (2) in the application for the permit.
(5) For the purposes of subsection (2), each of the following purposes is a prescribed purpose:
(a) keeping for a scientific purpose;
(b) keeping for an educational purpose;
(c) keeping for a purpose related to propagation;
(d) keeping for a purpose prescribed by regulations under this Ordinance.
11 Permits to purchase birds to be issued subject to conditions
A permit granted under section 10 is subject to:
(a) the condition that the holder of the permit shall not purchase birds of the species or subspecies to which the permit relates otherwise than for the purpose specified in the permit in accordance with subsection 10 (4); and
(b) such other conditions, being conditions of any of the kinds referred to in section 12, as are imposed by the Minister and specified in the permit.
12 Conditions subject to which permits to purchase birds may be issued
The kinds of conditions referred to in paragraph 11 (b) are conditions relating to:
(a) the number of birds that may be purchased alive;
(b) the number of birds that may be purchased dead;
(c) the number of eggs that may be purchased;
(d) the parts of eggs that may be purchased;
(e) the descriptions and quantities of parts of birds that may be purchased;
(f) the age and sex of birds that may be purchased;
(g) the condition of birds that may be purchased;
(h) the periods, and times of day, during which birds may be purchased;
(i) the class of persons from which birds may be purchased;
(j) the manner in which an offer to purchase birds may be made;
(k) the manner in which birds purchased may be kept; or
(l) the furnishing to the Minister of information in relation to birds purchased.
13 Birds not to be taken otherwise than in accordance with a permit
(1) A person shall not take a migratory bird otherwise than:
(a) in pursuance of a permit granted under section 4; and
(b) in accordance with the conditions of the permit.
Penalty: $1,000.
(2) A person shall not take a bird of a species in danger of extinction otherwise than:
(a) in pursuance of a permit granted under section 4; and
(b) in accordance with the conditions of the permit.
Penalty: $1,000.
(3) Subsections (1) and (2) do not apply in relation to the keeping of a bird where the bird is kept:
(a) in pursuance of a permit granted under section 7 or 10; and
(b) in accordance with the conditions of the permit.
14 Persons not to sell birds otherwise than in accordance with a permit
A person shall not sell, offer for sale or keep for the purpose of sale a migratory bird or bird of a species in danger of extinction otherwise than:
(a) in pursuance of a permit granted under section 7; and
(b) in accordance with the conditions of the permit.
Penalty: $1,000.
15 Persons not to purchase birds otherwise than in accordance with a permit
(1) A person shall not purchase or offer to purchase a migratory bird or a bird of a species in danger of extinction otherwise than in pursuance of a permit granted under section 10.
Penalty: $1,000.
(2) A person who has purchased a migratory bird or a bird of a species in danger of extinction shall not keep the bird otherwise than in accordance with the conditions of a permit granted under section 10.
Penalty: $1,000.
(3) If a person is convicted in relation to the same bird of more than one offence under this section, the court by which he is convicted may impose in respect of the offences a penalty that shall not exceed the maximum penalty that could be imposed if a penalty were imposed in respect of one offence under this section.
16 Inspector may require production of permit etc
(1) An inspector may:
(a) require any person whom he finds committing or whom he reasonably suspects of having committed an offence against this Ordinance to state his full name and usual place of residence and to state whether he holds a permit; and
(b) require any person who holds a permit to produce the permit or evidence of the existence and contents of the permit.
(2) A person shall not, without reasonable excuse, fail to comply with a requirement made of him under this section by an inspector.
Penalty: $100.
(3) An inspector (other than a member of the police force who is in uniform) who makes a requirement of a person under subsection (1) shall:
(a) in the case of a member of a police force — produce, for inspection by that person, written evidence of the fact that he is a member of a police force; or
(b) in any other case — produce, for inspection by that person, written evidence of the fact that he is in an inspector;
and, if he fails to do so, that person is not obliged to comply with the requirement.
17 Suspension and cancellation of permits
(1) Where:
(a) the holder of a permit is charged with an offence under section 13, 14 or 15 in relation to the permit; and
(b) the Minister considers that the circumstances of the offence with which the person is charged are of such seriousness that the permit should be suspended pending the determination of the charge;
the Minister may suspend the permit.
(2) Where, upon the hearing of a charge in respect of which a permit has been suspended under subsection (1):
(a) the charge is found to be proved (whether or not a conviction is recorded) — the Minister may cancel the permit; or
(b) the charge is otherwise disposed of — the Minister shall forthwith remove the suspension of the permit.
18 Restriction on issue of permit etc
(1) The Minister shall not in any year commencing on 1 July:
(a) grant a permit to a person to take, sell or purchase a migratory bird or a bird of a species in danger of extinction; or
(b) declare, in relation to a species or subspecies of migratory bird, that a period shall be an open season in respect of birds of that species or subspecies;
unless he is satisfied that:
(c) the birds that may be taken in that year by virtue of that permit or of that declaration and all other permits or declarations under this Ordinance will be replaced in the immediately succeeding breeding season by natural reproduction; and
(d) the variety of species and the balance of the natural ecological systems existing within the Territory will be maintained.
(2) A permit shall not be in force for a period of more than 1 year.
19 Appointment of inspector
The Minister may, by instrument in writing, appoint a person as an inspector.
20 Inspectors ex officio
By force of this section, any member of the police force of the Territory or of the Australian Federal Police is an inspector.
21 Delegation
(1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Ordinance other than this power of delegation and the power to suspend or cancel a permit.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Ordinance, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
22 Review of decision of Minister
(1) Where the Minister makes a decision:
(a) refusing to approve an application for a permit under this Ordinance;
(b) suspending a permit under subsection 17 (1); or
(c) cancelling a permit under paragraph 17 (2) (a);
he shall, by notice in writing within 30 days after the date of the decision, inform the person to whom the decision relates of the decision.
(2) An application may be made to the Administrative Appeals Tribunal for the review of a decision referred to in subregulation (1).
(3) A notice referred to in subregulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.
(4) A failure to comply with the requirements of subregulation (3) in relation to a decision shall not be taken to affect the validity of the decision.
23 Fees
A fee of $20 is payable in respect of the grant of a permit.
24 Forfeiture
A bird of a species in danger of extinction or a migratory bird with respect to which an offence has been committed under this Ordinance is forfeited to the Commonwealth.
25 Regulations
(1) The Minister may make regulations, not inconsistent with this Ordinance, prescribing all matters required or permitted by this Ordinance to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.
(2) The regulations shall not prescribe a purpose in respect of any provisions of this Ordinance unless the Minister considers that that purpose is consistent with international agreements relating to the protection of migratory birds, birds in danger of extinction and their environment, as in force from time to time, to which Australia is a party.
Schedule 2 Birds of species in danger of extinction
(section 3)
Column 1Item
Column 2Common name
Column 3Scientific name (species or subspecies)
1
Gould’s Petrel
Pterodroma leucoptera leucoptera
2
Providence Petrel
Pterodroma solandri
3
Short‑tailed Albatross (Japan)
Diomedea albatrus
4
Abbott’s Booby
Sula abbotti
5
Christmas Island Frigatebird
Fregata andrewsi
6
Oriental White Stork (Japan)
Ciconia ciconia boyciana
7
Japanese Crested Ibis (Japan)
Nipponia nippon
8
Aleutian Canada Goose (Japan)
Branta canadensis leucopareia
9
Red Goshawk
Accipiter radiatus
10
Bonin Buzzard (Japan)
Buteo buteo toyoshimae
11
Ryukyu Serpent Eagle (Japan)
Haematornis cheela perplexus
12
Japanese Golden Eagle (Japan)
Aquila chrysaetos japonica
13
Volcano Islands Peregrine Falcon (Japan)
Falco peregrinus fruitii
14
Japanese Ptarmigan (Japan)
Lagopus mutus japonicus
15
Plains Wanderer
Pedionomus torquatus
16
Okinawa Rail (Japan)
Rallus okinawae
17
Cocos Buff‑banded Rail
Rallus philippensis andrewsi
18
Lord Howe Island Woodhen
Tricholimnas sylvestris
19
Japanese Crane (Japan)
Grus japonicus
20
Nordmann’s Greenshank (Japan)
Tringa guttifer
21
Lesser Noddy
Anous tenuirostris
22
Stejneger’s Wood Pigeon (Japan)
Columba janthina stejnegeri
23
Red‑headed Wood Pigeon (Japan)
Columba janthina nitens
24
Norfolk Island Parrot
Cyanoramphus novaezelandiae cookii
25
Coxen’s Fig Parrot
Cyclopsitta diophthalma coxeni
26
Night Parrot
Geopsittacus occidentalis
27
Orange‑bellied Parrot
Neophema chrysogaster
28
Ground Parrot
Pezoporus wallicus
29
Alexandra’s Parrot
Polytelis alexandrae
30
Golden‑shouldered Parrot
Psephotus chrysopterygius
31
Hooded Parrot
Psephotus dissimilis
32
Paradise Parrot
Psephotus pulcherrimus
33
Norfolk Island Boobook Owl
Ninox novaeseelandiae royana
34
Christmas Island Hawk Owl
Ninox squamipila natalis
35
Blakiston’s Eagle‑owl (Japan)
Bubo blakistoni blakistoni
36
Marbled Frogmouth
Podargus ocellatus plumiferus
37
Noisy Scrub Bird
Atrichornis clamosus
38
Pryer’s Woodpecker (Japan)
Sapheopipe noguchii
39
Owston’s White‑backed Woodpecker (Japan)
Dendrocopus leucotos owstoni
40
Ezo Three‑toed Woodpecker (Japan)
Picoides tridactylus inouei
41
Purple‑crowned Fairy‑wren
Malurus coronatus
42
Carpentarian Grasswren
Amytornis dorotheae
43
Thick‑billed Grasswren
Amytornis textilis textilis
44
Western Bristlebird
Dasyornis longirostris
45
Eastern Bristlebird
Dasyornis brachypterus
46
Rufous Bristlebird
Dasyornis broadbenti littoralis
47
Lord Howe Island Currawong
Strepera graculina crissalis
48
Western Whipbird
Psophodes nigrogularis
49
Forty‑spotted Pardalote
Pardalotus quadragintus
50
Norfolk Island Silvereye
Zosterops albogularis
51
Helmeted Honeyeater
Lichenostomus melanops cassidix
52
Black‑eared Miner
Manorina flavigula melanotis
53
Hahajima Honey‑eater (Japan)
Apalopteron familiare hahasima
54
Bonin Greenfinch (Japan)
Chloris sinica kittlitzi
55
Lidth’s Jay (Japan)
Garrulus lidthi
56
Torishima Bush‑warbler (Japan)
Cettia diphone panafidinicus
57
Japanese Swamp‑warbler (Japan)
Bradypterus pryeri pryeri
58
Lesser Chinese Bulbul (Japan)
Pycnonotus sinensis orii
59
Borodino Wren (Japan)
Troglodytes troglodytes orii
60
Ryukyu or Temminck’s Robin (Japan)
Erithacus komadori komadori
61
Stejneger’s Robin (Japan)
Erithacus komadori namiyei
62
Yaeyama Robin (Japan)
Erithacus komadori subrufa
63
Amami Tiger Thrush (Japan)
Turdus dauma amami
64
Norfolk Island Thrush
Turdus poliocephalus poliocephalus
65
Northern Scrub‑robin
Drymodes superciliaris colcloughi
Schedule 3 Migratory Birds
(section 3)
Column 1Item
Column 2Common name
Column 3Scientific name (species or subspecies)
1
Wandering Albatross
Diomedea exulans
2
Providence Petrel
Pterodroma solandri
3
Streaked Shearwater
Calonectris leucomelas (Puffinus leucomelas)
4
Wedge‑tailed Shearwater
Puffinus pacificus
5
Flesh‑footed Shearwater
Puffinus carneipes
6
Sooty Shearwater
Puffinus griseus
7
Short‑tailed Shearwater
Puffinus tenuirostris
8
Wilson’s Storm‑petrel
Oceanites oceanicus
9
Leach’s Storm‑petrel
Oceanodroma leucorhoa
10
White‑tailed Tropicbird
Phaethon lepturus
11
Brown Booby
Sula leucogaster
12
Masked Booby
Sula dactylatra
13
Red‑footed Booby
Sula sula
14
Great Frigatebird
Fregata minor
15
Least Frigatebird
Fregata ariel
16
Cattle Egret
Ardeola ibis (Bubulcus ibis)
17
Great Egret
Egretta alba
18
Northern Shoveler
Anas clypeata
19
Garganey
Anas querquedula
20
Ringed Plover
Charadrius hiaticula
21
Mongolian Plover
Charadrius mongolus
22
Large Sand Plover
Charadrius leschenaultii
23
Oriental Plover
Charadrius veredus
24
Lesser Golden Plover
Pluvialis dominica
25
Grey Plover
Pluvialis squatarola
26
Ruddy Turnstone
Arenaria interpres
27
Western Sandpiper
Calidris mauri
28
Red‑necked Stint
Calidris ruticollis
29
Long‑toed Stint
Calidris subminuta
30
Baird’s Sandpiper
Calidris bairdii
31
Pectoral Sandpiper
Calidris melanotos
32
Sharp‑tailed Sandpiper
Calidris acuminata
33
Curlew Sandpiper
Calidris ferruginea
34
Red Knot
Calidris canutus
35
Great Knot
Calidris tenuirostris
36
Sanderling
Calidris alba (Crocethia alba)
37
Ruff
Philomachus pugnax
38
Buff‑breasted Sandpiper
Tryngites subruficollis
39
Broad‑billed Sandpiper
Limicola falcinellus
40
Asian Dowitcher
Limnodromus semipalmatus
41
Marsh Sandpiper
Tringa stagnatilis
42
Greenshank
Tringa nebularia
43
Wood Sandpiper
Tringa glareola
44
Grey‑tailed Tattler
Tringa brevipes
45
Wandering Tattler
Tringa incana
46
Common Sandpiper
Tringa hypoleucos
47
Terek Sandpiper
Tringa terek (Xenus cinereus)
48
Black‑tailed Godwit
Limosa limosa
49
Bar‑tailed Godwit
Limosa lapponica
50
Eastern Curlew
Numenius madagascariensis
51
Whimbrel
Numenius phaeopus
52
Little Curlew
Numenius minutus (Numenius borealis)
53
Pin‑tailed Snipe
Gallinago stenura (Capella stenura)
54
Swinhoe’s Snipe
Gallinago megala (Capella megala)
55
Latham’s Snipe
Gallinago hardwickii (Capella hardwickii)
56
Grey Phalarope
Phalaropus fulicarius
57
Red‑necked Phalarope
Phalaropus lobatus
58
Oriental Pratincole
Glareola maldivarum
59
South Polar Skua
Stercorarius maccormicki
60
Pomarine Jaeger
Stercorarius pomarinus
61
Arctic Jaeger
Stercorarius parasiticus
62
Long‑tailed Jaeger
Stercorarius longicauda
63
White‑winged Tern
Chlidonias leucoptera
64
Black Tern
Chlidonias niger
65
Caspian Tern
Hydroprogne caspia (Hydroprogne tschegrava)
66
Common Tern
Sterna hirundo
67
Black‑naped Tern
Sterna sumatrana
68
Bridled Tern
Sterna anaethetus
69
Little Tern
Sterna albifrons
70
Common Noddy
Anous stolidus
71
Oriental Cuckoo
Cuculus saturatus
72
White‑throated Needletail
Hirundapus caudacutus
73
Rainbow Bee‑eater
Merops ornatus
74
Fork‑tailed Swift
Apus pacificus
75
Barn Swallow
Hirundo rustica
76
Yellow Wagtail
Motacilla flava
77
Eastern Reef Egret
Egretta sacra
78
Yellow Bittern
Ixobrychus sinensis
79
Glossy Ibis
Plegadis falcinellus
80
White‑bellied Sea‑eagle
Haliaeetus leucogaster
81
Sarus Crane
Grus antigone
82
Red‑legged Crake
Rallina fasciata
83
Corncrake
Crex crex
84
Pheasant‑tailed Jacana
Hydrophasianus chirurgus
85
Painted Snipe
Rostratula benghalensis
86
Little Ringed Plover
Charadrius dubius
87
Eurasian Curlew
Numenius arquata
88
Redshank
Tringa totanus
89
Dunlin
Calidris alpina
90
Lesser Crested Tern
Thalasseus bengalensis (Sterna bengalensis)
91
Greater Striated Swallow
Hirundo striolata
92
Yellow‑headed Wagtail
Motacilla citreola
93
Grey Wagtail
Motacilla cinerea
94
White Wagtail
Motacilla alba
95
Great Reed‑warbler
Acrocephalus arundinaceus
96
Arctic Willow Warbler
Phylloscopus borealis
97
Andrew’s Frigatebird
Fregata andrewsi
98
Caspian Plover
Charadrius asiaticus
Notes to the Migratory Birds Ordinance 1980
Note 1
Note: The Migratory Birds Ordinance 1980 (in force under the Australian Antarctic Territory Act 1954) as shown in this compilation comprises Ordinance No. 2 of 1980 amended as indicated in the Tables below.