Part 5AHunting

Part 5A—Hunting Division 1—Hunting generally 68A—Hunting permits (1) Except as provided in subsection (5), a person must not hunt, or have possession of any firearm or device for the purpose of hunting, unless that person holds a permit under this section. (2) The Minister may grant to any person a permit under this section. (3) A permit under this section cannot authorise hunting within the Adelaide Dolphin Sanctuary or the possession by any person, while in that Sanctuary, of a firearm or other device for the purpose of hunting. (4) Where it is proved, in any proceedings for an offence against this section, that the defendant had possession of any firearm or device capable of being used for the purpose of hunting in circumstances that lead to a reasonable suspicion that the defendant had the firearm or device for that purpose, it will be presumed, in the absence of proof to the contrary, that the defendant had possession of that firearm or device for the purpose of hunting. (5) No permit is required under this section for the purpose of— (a) the destruction of animals that are endangering human life; or (b) the destruction of animals (other than protected animals) by the owner of any land, a member of his or her household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land; or (c) the taking of an animal in pursuance of any other permit under this Act. 68B—Unlawful entry on land (1) A person must not be on land for the purpose of hunting unless the owner of the land has given that person, within the preceding six months, permission in writing to be on the land for that purpose. (2) If the owner of land reasonably suspects that a person has committed or is about to commit an offence against this Act on the land, the owner may request the person— (a) to state his or her full name and usual place of residence; and (b) to leave the land. (3) A person of whom a request is made under subsection (2) must comply with it forthwith. (4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner. (5) Where it is proved, in proceedings for an offence against subsection (1), that, while on the land, the defendant had possession or control of an animal, firearm, device, poison or bait capable of being used for hunting it will be presumed, in the absence of proof to the contrary, that the person was on the land for the purpose of hunting. owner means— (a) in relation to private land, the owner of the land; and (b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and (c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister. Division 2—Hunting and food gathering by Aboriginal persons 68C—Interpretation (2) This Division does not apply to the taking of— (a) an animal, or the eggs of an animal, of a prescribed species or a plant of a prescribed species; or (b) an animal, egg or plant by a prescribed means or in prescribed circumstances. 68D—Hunting and food gathering by Aboriginal persons (1) It is not illegal by virtue of section 47(1) or (2) for an Aboriginal person to take a native plant in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone. (2) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone. (3) It is not illegal by virtue of section 47(1) for an Aboriginal person to take a native plant from a reserve (other than a co‑managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the reserve or wilderness protection area or wilderness protection zone. (4) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a reserve (other than a co‑managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the reserve or wilderness protection area or wilderness protection zone. (5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (3) or (4). (5a) It is not illegal by virtue of section 47(1) or 51 for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in pursuance of this Division from a co‑managed park if the native plant, protected animal or eggs are taken— (a) if there is a co‑management board for the park—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or (b) in accordance with the provisions of the co‑management agreement for the park. (6) An animal, egg or plant is taken in pursuance of this Division if it is taken— (a) for food for the person who takes it or for his or her dependants; or (b) solely for cultural purposes of Aboriginal origin. 68E—Exemption from requirement to hold hunting permit An Aboriginal person is not required to hold a permit under section 68A in relation to hunting if the animal hunted will be used— (a) as food for the hunter or for his or her dependants; or (b) solely for cultural purposes of Aboriginal origin.