Wildlife Act 1975

1 Short title and commencement 1

1A Purposes 2

Part I—Preliminary 3

3 Definitions 3

4 Transport Integration Act 2010 16

4A Filming Approval Act 2014 16

4B Restriction on application of Act 17

4C Traditional owner agreement for natural resources 17

7A Governor in Council may declare protected wildlife to be unprotected in an area of Victoria 19

Part II—State Wildlife Reserves and Nature Reserves 21

12 Secretary may accept gift of land etc. 21

13 Secretary may accept gift of personal property 21

14 Land manager has management and control of lands 22

14A Obligations of Secretary and Parks Victoria in relation to Yarra River land 23

14B Obligations of Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority in relation to declared areas 24

14C Obligations of Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region 25

15 State Wildlife Reserves 25

16 Land manager has management and control of State Wildlife Reserves 26

16A Land manager has management and control of Nature Reserves 28

17 Moneys received paid to Consolidated Fund 29

18 Land manager to prepare management plans for reserves 30

18A Management agreements with Traditional Owner Land Management Boards 32

18B Land to be managed consistently with joint management plan 34

19 Limitation of mining etc. on State Wildlife or Nature Reserves 34

20 Offence to take wildlife from State Wildlife Reserve 36

21 Removing sand etc. from State Wildlife Reserve or Nature Reserve 36

21AAA Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve 37

21AA Offence to cut or take away fallen or felled trees 38

Part IIA—Tour operator licences 40

21A Offence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed 40

21B Grant of tour operator licence 40

21C Application for tour operator licence 41

21D Requirement to pay annual licence fee after grant of tour operator licence 41

21E Tour operator licence conditions 42

21F Contravention of condition an offence 42

21G Variation of tour operator licence 42

21H Suspension of tour operator licence 43

21I Making submissions on suspension 43

21J Cancellation of tour operator licence 44

Part III—Licences 46

22 Wildlife licences 46

22A Game licences 48

23 Grant of wildlife licences may be refused in certain cases 52

25 Duration of licence 55

25A Mandatory cancellation of certain licences by Secretary 56

25AB Mandatory cancellation of certain licences by Game Management Authority 57

25B Power of Secretary to suspend certain licences 58

25BA Power of Game Management Authority to suspend certain licences 59

25C Making submissions on suspension 59

25D Power of Secretary to cancel certain licences 60

25DA Power of the Game Management Authority to cancel certain licences 61

28 Production of licence 63

Part IIIA—Authorisations 65

28A Authorisation to take etc. wildlife 65

28B Offence of failing to comply with conditions of authorisation 68

28C Duration and renewal of authorisation 68

28D Suspension of authorisation 69

28E Making submissions on suspension 70

28F Cancellation of authorisation 70

Part IIIB—Authorisation Orders 72

28G Authorisation Orders as to taking etc. wildlife 72

28H Authorisation Orders as to disturbing wildlife 73

28I Conditions in authorisation orders 73

28J Publication and commencement of authorisation order 74

28K Period of authorisation order 74

Part IV—Research and management 75

29 Secretary to carry out research etc. 75

30 Minister may authorize the use of prohibited equipment for certain purposes 76

31 Persons acting under authority not guilty of offence 77

Part V—Wildlife Management Co‑operative Areas, prohibited areas, and sanctuaries 78

32 Wildlife Management Co-operative Areas 78

33 Prohibited areas 80

34 Wildlife sanctuaries 81

35 Offences in relation to wildlife sanctuaries 81

Part VII—Offences 83

41 Hunting, taking or destroying threatened wildlife 83

43 Hunting, taking or destroying protected wildlife 84

44 Hunting, taking or destroying game 85

45 Acquiring etc. threatened wildlife 86

47 Acquiring etc. protected wildlife 87

47A Exemptions from certain sections 88

47C Employees of licence holders 89

47D Wildlife unlawfully taken 90

47E Exemption from definition of prohibited person in Firearms Act 1996 90

48 Offence for dogs or cats to attack etc. wildlife 90

48A Seizure of dogs or cats 91

48B Owner to be notified 91

48C Recovery or disposal of animal 92

49 Power to make Order prohibiting possession etc. of certain wildlife 92

50 Import and export permits 93

51 Marking protected wildlife 95

52 Release of birds and animals from captivity or confinement 97

53 Use of prohibited equipment 97

54 Killing wildlife by poison 97

55 Using bird-lime etc. 98

56 Punt guns 98

57 Interference with signs etc. 99

58 Molesting and disturbing etc. protected wildlife 100

58A Keeping false records 101

58B Providing false information 101

58C Offence for certain persons to enter on or remain in specified hunting area 102

58D Offence to approach a person who is hunting 103

58E Hindering or obstructing hunting 104

Part VIIA—Banning notices and exclusion orders 105

Division 1—Interpretation 105

58F Meaning of specified offence 105

Division 2—Banning notices 105

58G Issue of banning notice 105

58H Content of banning notice 106

58I Variation and revocation of banning notice 108

58J Offence to contravene banning notice 108

58K Direction to leave area to which banning notice applies 108

58L Offence to refuse or fail to comply with direction to leave area to which banning notice applies 109

Division 3—Exclusion orders 110

58M Exclusion orders 110

58N Variation of exclusion order 112

58O Offence to contravene exclusion order 113

58P Direction to leave area to which exclusion order applies 113

58Q Offence to refuse or fail to comply with direction to leave area to which exclusion order applies 114

Division 4—General 115

58R Disclosure of information for enforcement purposes 115

Part VIII—Enforcement and legal proceedings 116

59 Powers of authorised officers 116

59A Searches of personal property 119

59B Searches of vehicles and boats 120

59C Search warrant for evidence of offence 121

59D Announcement before entry 122

59E Copy of warrant to be given to occupier 123

59F Occupier entitled to be present during search 123

60 Seizure of prohibited equipment etc. 124

60A Power to require production of firearms licence 126

60B Requirements as to taking samples, seizing 127

60C Samples 127

60D Retention notices 128

60E Evidentiary provisions relating to retention notices 129

61 Offenders to give name and address on demand 129

62 Obstructing officer etc. 131

62A Offence to impersonate officer 132

64 Statements of the Secretary or the Game Management Authority as evidence 133

65 Eggs presumed to be threatened wildlife 134

68 Simplification of proof 134

69 Onus of proving wildlife not taken in Victoria 136

70 Cancellation of licence upon conviction for offence 136

70A Disposal of seized things 137

Part IX—Controlled operations 139

Division 1—Introduction 139

71 Definitions 139

72 Evidentiary matters 141

Division 2—Authorisation of controlled operations 142

73 Applications for authorities to conduct controlled operations 142

74 Determination of applications 142

74A Matters to be taken into account 143

74B Form of authority 144

Division 3—Variation and cancellation of authorities 147

74C When can an authority be varied? 147

74D Application for variation of authority 147

74E Determination of application to vary authority 148

74F Form of variation of authority 149

74G Cancellation of authorities 150

Division 4—Effect of authorities 150

74H Effect of authorities 150

74I Defect in authority 151

74J Effect of being unaware of variation or cancellation of authority 151

74K Protection from criminal responsibility for certain ancillary conduct 152

Division 5—Notification of third parties 152

74L Notification requirements 152

Division 6—Compliance and monitoring 153

74M Unauthorised disclosure of information 153

74N Principal law enforcement officers' reports 155

74O Secretary's reports 156

74OA Game Management Authority's reports 157

74P Annual report by Integrity Oversight Victoria 159

74Q Keeping documents connected with authorised operations 162

74R General register of the Secretary 163

74RA General Register of the Game Management Authority 164

74S Inspection of Department records by Integrity Oversight Victoria 166

74SA Inspection of Game Management Authority records by Integrity Oversight Victoria 167

Division 7—General 168

74T No delegations 168

74U Evidence of authorities 168

74V Transitional provision 168

Part X—Protection of whales 172

Division 1—General 172

75 Definitions 172

76 Killing, taking whales etc. an offence 173

77 Action to be taken with respect to killing or taking of whale 175

77A Offence to approach whales 176

78 Power to Secretary to grant permits 177

79 Conditions of permit 179

80 Breach of condition an offence 180

81 Power of authorised officer to give directions 181

81A Variation of permits 183

81B Suspension of permits 184

81C Making submissions on suspension 184

81D Power of Secretary to cancel permit 185

82 Public notices in relation to permits 186

Division 2—Whale watching and swim tour permits 189

83 Offence to conduct whale watching tour 189

83A Power to grant whale watching tour permits 189

83B Constraints on the granting of whale watching tour permits 190

83C Offence to conduct whale swim tour 190

83D Power to grant whale swim tour permits 191

83E Constraints on the granting of whale swim tour permits 191

83F Determination of limited permit areas 192

83G Notice of proposal to make limited permit area determination 193

83GA Submissions on proposal to make limited permit area determination 193

83GB Amendment or revocation of limited permit area determination 194

83GC Permits in limited permit areas to be granted on determination of Secretary 194

83GD Applications for permits 196

83GE Fees for permits 196

83GF Period of permit 196

83GG Renewal of permit 196

83H Conditions of permits under this Division 197

83I Breach of condition an offence 197

83J Power of authorised officer to give directions 197

83K Variation of permits under this Division 198

83L Suspension of permits under this Division 198

83M Making submissions on suspension 199

83N Power of Secretary to cancel permit 199

Division 3—Regulations and miscellaneous matters 200

84 Performance by authorised officers of duties etc. under Commonwealth Act 200

85 Summary jurisdiction in indictable offences 201

85A Regulations 202

Part XA—Protection of seals 204

85B Offence to conduct seal tour 204

85C Power to grant seal tour permit 204

85D Applications for seal tour permits 205

85E Fee payable for seal tour permit 205

85F Period of seal tour permit 205

85G Renewal of seal tour permit 205

85H Conditions of seal tour permits 206

85I Breach of condition an offence 206

85J Variation of seal tour permits 206

85K Suspension of seal tour permits 206

85L Making submissions on suspension 207

85M Power of Secretary to cancel seal tour permit 207

Part XI—Miscellaneous 209

86 Notices prohibiting, regulating or controlling the taking, destroying or hunting of wildlife 209

86A Emergency closure notices 211

86B Time for bringing proceedings 213

86C Review of decisions 213

87 Regulations 214

87A Tour operator licence regulations 224

Part XII—Transitional 226

88 Permits and authorities 226

89 Conditions on licences etc. 226

90 Transitional provision, dolphin swim tour permits—Wildlife (Amendment) Act 2002 227

91 Transitional provision, dolphin sightseeing permits—Wildlife (Amendment) Act 2002 228

92 Transitional provision—Control of Weapons and Firearms Acts (Search Powers) Act 2003 228

92A Transitional provision—Crimes Legislation Amendment Act 2010 229

93 Transitional provisions—2008 Act 229

94 Transitional provisions—2008 Act—whale watching tours by aircraft 230

95 Transitional provisions—2008 Act—seal tours 232

96 Tour operator licence offence 232

97 Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 233

98 Transitional provision for wildlife licences in respect of specified birds—Game Management Authority Act 2014 233

99 Transitional provision for wildlife licence applications—Game Management Authority Act 2014 234

100 Transitional provision for game licences—Game Management Authority Act 2014 235

101 Transitional provision for game licence applications—Game Management Authority Act 2014 236

102 Transitional provision, mandatory cancellation of licence—Game Management Authority Act 2014 236

103 Transitional provision, submissions on suspension of licence—Game Management Authority Act 2014 237

104 Transitional provision, power to cancel licence—Game Management Authority Act 2014 238

105 Transitional provision, review of decisions—Game Management Authority Act 2014 239

106 Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 241

107 Transitional provision, advisory committee—Primary Industries Legislation Amendment Act 2016 242

Schedule 243

═════════════

Endnotes 244

1 General information 244

2 Table of Amendments 246

3 Explanatory details 256

Version No. 130

Wildlife Act 1975

No. 8699 of 1975

Version incorporating amendments as at

An Act to re-enact with amendments the provisions of the Game Act 1958 and sections 9 and 10 of the Protection of Animals Act 1966.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Wildlife Act 1975.

(2) The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 1(3) amended by Nos 9505 ss 5(9)(a), 18(2)(a), 9694 s. 2, repealed by No. 41/1987 s. 103(Sch. 4 item 76.1).

S. 1A

1A Purposes

The purposes of this Act are—

(a) to establish procedures in order to promote—

(i) the protection and conservation of wildlife; and

(ii) the prevention of taxa of wildlife from becoming extinct; and

(iii) the sustainable use of and access to wildlife; and

(b) to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife.

S. 2
repealed by No. 46/1986 s. 5(1).

Part I—Preliminary

3 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 223.

accepted recommendation means—

(a) in relation to a report under section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b) if there is no response to which paragraph (a)(i) or (ii) applies, themost recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

S. 3(1) def. of aircraft inserted by No. 45/2008 s. 3(1)(a).

aircraft means any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft;

S. 3(1) def. of appointed land inserted by No. 62/2010 s. 132(1).

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 116.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of authorisation order inserted by No. 45/2008 s. 3(2)(a).

authorisation order means an order made under section 28G or 28H;

S. 3(1) def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 76.2), substituted by No. 24/2014 s. 28(2), amended by No. 68/2016 s. 174.

authorised officer means—

(a) a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or

(b) a person appointed as an authorised officer under the Game Management Authority Act 2014 for the purposes of this Act; or

(c) a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;

S. 3(1) def. of banning notice inserted by No. 11/2014 s. 17(3).

banning notice means a notice given under section 58G;

boat means any form of transportation on water;

buy means buy or purchase and includes agreeing to buy or purchase, receiving or accepting under an agreement to buy or purchase and acquiring by barter or exchange;

S. 3(1) def. of close season amended by No. 87/1997
s. 42(Sch. item 1(a)), substituted by No. 11/2014 s. 17(1).

close season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited—

(a) by a notice under section 86; or

(b) by the regulations;

S. 3(1) def. of controlled wildlife amended by No. 87/1997
s. 42(Sch. item 1(b)).

controlled wildlife means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be controlled wildlife for the purposes of this Act;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 34.

declared area has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of Department inserted by No. 41/1987 s. 103(Sch. 4 item 76.3).

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of Director-General inserted by No. 41/1987 s. 103(Sch. 4 item 76.4), repealed by
s. 5(1)(b).

S. 3(1) def. of Director repealed by No. 41/1987 s. 103(Sch. 4 item 76.4).

S. 3(1) def. of Division repealed by No. 41/1987 s. 103(Sch. 4 item 76.5).

S. 3(1) def. of endangered wildlife inserted by No. 87/1997
s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b).

S. 3(1) def. of exclusion order inserted by No. 11/2014 s. 17(3).

exclusion order means an order made under section 58M;

S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).

film friendly principles has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).

film permit has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def. of firearm inserted by No. 87/1997

firearm has the same meaning as in the Firearms Act 1996;

S. 3(1) def. of game amended by No. 87/1997
s. 42(Sch. item 1(c)).

game means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be game for the purposes of this Act;

S. 3(1) def. of game licence inserted by No. 90/1989 s. 12.

game licence means a game licence issued under section 22A;

S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 28(1).

Game Management Authority means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 116.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 143(1).

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 116.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 116.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 116.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of hunt inserted by No. 87/1997

hunt includes pursue, trail, stalk, search for or drive out an animal;

S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 132(1).

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of land manager inserted by No. 19/2018 s. 223, amended by No. 42/2021 s. 143(2).

land manager means—

(a) for Parks Victoria recorded land, Parks Victoria; or

(ab) for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or

(b) for all other land, the Secretary;

S. 3(1) def. of limited permit area inserted by No. 45/2008 s. 3(1)(a).

limited permit area means an area that is the subject of a limited permit area determination;

S. 3(1) def. of limited permit area determination inserted by No. 45/2008 s. 3(1)(a).

limited permit area determination means a determination under section 83F;

S. 3(1) def. of member of the police force inserted by No. 87/1997
s. 5(1)(a), repealed by No. 37/2014 s. 10(Sch. item 184.1(b)).

S. 3(1) def. of notable wildlife inserted by No. 87/1997
s. 5(1)(a), repealed by No. 45/2008
s. 3(2)(b).

S. 3(1) def. of open season amended by No. 87/1997
s. 42(Sch. item 1(d)), substituted by No. 11/2014 s. 17(2).

open season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted—

(a) by an order under section 28G; or

(b) by a notice under section 86; or

(c) by the regulations;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 223.

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 223.

Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 184.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed means prescribed by regulations under this Act;

proclamation means any proclamation of the Governor in Council made under or continued in force by this Act;

S. 3(1) def. of protected wildlife amended by Nos 9505
s. 2(1)(a)–(c), 52/1994
s. 97(Sch. 3 item 36.1(a)(b)),
ss 5(1)(c), 42(Sch. item 1(e)).

protected wildlife means all wildlife other than those kinds or taxon which—

(i) is a pest animal within the meaning of the Catchment and Land Protection Act 1994; or

(ii) the Governor in Council from time to time by Order published in the Government Gazette declares to be unprotected wildlife; or

(iii) are specified by Order of the Governor in Council published in the Government Gazette pursuant to section 7A;

S. 3(1) def. of seal inserted by No. 45/2008 s. 3(1)(a).

seal means any wildlife that is a member of the family Otariidae or the family Phocidae;

S. 3(1) def. of seal tour inserted by No. 45/2008 s. 3(1)(a).

seal tour means an activity conducted for profit that involves—

(a) one or more persons, on land, observing or interacting with seals; or

(b) one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;

S. 3(1) def. of seal tour permit inserted by No. 45/2008 s. 3(1)(a).

seal tour permit means a permit granted under section 85C;

S. 3(1) def. of Secretary inserted by No. 87/1997

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

sell includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things;

S. 3(1) def. of specified birds inserted by No. 24/2014 s. 28(1).

specified birds means the birds prescribed in the Schedule;

S. 3(1) def. of specified hunting area inserted by No. 87/1997

specified hunting area means an area declared to be a specified hunting area by regulation under section 58C(2);

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 34.

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of structure inserted by No. 87/1997

structure includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife;

S. 3(1) def. of taxon inserted by No. 87/1997

taxon means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;

S. 3(1) def. of the wild inserted by No. 70/1990 s. 6(1)(a).

the wild in relation to any wildlife means the natural habitat of that wildlife or an independent, unpossessed or natural state and not an intentionally domesticated or captive state regardless of the location;

S. 3(1) def. of this Act amended by Nos 7/1988 s. 8(2) (as amended by No. 90/1989 s. 18(2)), 90/1989 s. 17(2).

this Act includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A;

S. 3(1) def. of threatened wildlife inserted by No. 45/2008 s. 3(2)(a), amended by No. 28/2019 s. 54.

threatened wildlife means protected wildlife that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988;

S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 41.

tour operator licence means a licence granted under section 21B;

S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 132(1), amended as traditional owner group by No. 4/2013 s. 35(1).

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 132(1).

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of vessel inserted by No. 45/2008 s. 3(1)(a).

vessel means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—

(a) a barge, lighter, floating restaurant or other floating vessel; and

(b) an air-cushion vehicle or other similar craft, that is used in navigation by water; and

(c) any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne;

S. 3(1) def. of whale sightseeing permit inserted by No. 3/2002 s. 3, repealed by No. 45/2008 s. 3(1)(b).

S. 3(1) def. of whale swim tour inserted by No. 45/2008 s. 3(1)(a).

whale swim tour means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;

S. 3(1) def. of whale swim tour permit inserted by No. 3/2002 s. 3, substituted by No. 45/2008 s. 3(1)(c).

whale swim tour permit means a permit granted under section 83D;

S. 3(1) def. of whale watching tour inserted by No. 45/2008 s. 3(1)(a).

whale watching tour means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;

S. 3(1) def. of whale watching tour permit inserted by No. 45/2008 s. 3(1)(a).

whale watching tour permit means a permit granted under section 83A;

S. 3(1) def. of wildlife amended by Nos 9505 s. 3(a)–(c), 7/1988 s. 9(a), 47/1988
s. 71(Sch. 4 item 4(a)–(c)), 70/1990 s. 14(a)(i)(ii), 92/1995 s. 163, 87/1997 ss 5(1)(d), 42(Sch. item 1(f)).

wildlife means—

(a) any animal of a vertebrate taxon other than mankind which is indigenous to the whole or part or parts of Australia or its territories or territorial waters, whether or not it occurs elsewhere;

(b) all kinds of deer, non-indigenous quail, pheasants, and partridges and any other taxon of animal which the Governor in Council by Order published in the Government Gazette declares to be wildlife for the purposes of this Act;

(ba) any taxon of terrestrial invertebrate animal which is listed under the Flora and Fauna Guarantee Act 1988; and

(c) any hybrids of a kind or taxon of animal specified in or pursuant to paragraphs (a) and (b)—

and except as is otherwise expressly provided in any such Order includes any such animal or any member of a taxon which is bred or kept in captivity or confinement but in Parts I to VI and Parts IX and XI does not include a whale within the meaning of section 75;

S. 3(1) def. of wildlife licence inserted by No. 87/1997
s. 5(1)(a), amended by No. 49/2017 s. 97(1).

wildlife licence means a wildlife licence issued under section 22;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 97(2).

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 97(2).

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 97(2).

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 97(2).

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

S. 3(2) amended by No. 92/1995
s. 161(Sch. 2 item 5).

(2) This Act does not apply to fish within the meaning of the Fisheries Act 1995.

(3) Any reference in any other Act or law to the Game Act 1958 or to section 9 or section 10 of the Protection of Animals Act 1966 or to any provisions thereof shall be read and construed as a reference to this Act or the corresponding provisions of this Act (as the case requires).

S. 3(4) amended by Nos 70/1990 s. 4(1),
s. 5(2).

(4) Any reference in this Act to wildlife is a reference to wildlife in any form, whether alive or dead and whether the flesh is raw, or cooked or preserved or processed in any manner whatsoever, and includes the skin, pelage, plumage, fur, skeletal material, organs, blood, tissue or any other part thereof and the eggs or any part of the eggs thereof.

S. 3(5) inserted by No. 87/1997
s. 5(3).

(5) The Governor in Council may, by proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.

Note to s. 3 inserted by No. 62/2010 s. 132(2).

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

S. 4
repealed by No. 87/1997
s. 6,
new s. 4 inserted by No. 6/2010
s. 25(5)(Sch. 2 item 14) (as amended by No. 45/2010 s. 6).

4 Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

S. 4A
inserted by No. 9694 s. 3, repealed by No. 87/1997
s. 6, new s. 4A inserted by No. 51/2014 s. 9(Sch. 2 item 22.2).

4A Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

S. 4B
inserted by No. 47/1988 s. 71(Sch. 4 item 5).

4B Restriction on application of Act

The Governor in Council may by Order published in the Government Gazette declare that the parts of this Act specified in the Order do not apply to the taxa of invertebrate animals specified in the Order.

S. 4C inserted by No. 67/2016 s. 36(1).

4C Traditional owner agreement for natural resources

(1) If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to any member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2) For the purpose of subsection (1) the following provisions are specified—

(a) section 49;

(b) section 54;

(c) section 56;

(d) section 58D;

(e) section 58E;

(f) section 58J;

(g) section 58L;

(h) section 58O;

(i) section 58Q;

(j) section 60A;

(k) section 60D;

(l) section 61;

(m) section 62;

(n) section 62A.

S. 4C(3) inserted by No. 38/2017 s. 63.

(3) For the purposes of this section—

(a) a reference in subsection (1) to this Act does not include a reference to the regulations; and

(b) to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.

S. 5 repealed by No. 87/1997 s. 6.

S. 6 amended by No. 7/1988 s. 9(b), repealed by No. 87/1997 s. 6.

S. 7 amended by Nos 9505 s. 4(1), 41/1987 s. 103(Sch. 4 item 76.6), 70/1990 ss 5(2), 14(b)(i)(ii), repealed by No. 87/1997 s. 6.

S. 7A
inserted by No. 9505 s. 2(2).

7A Governor in Council may declare protected wildlife to be unprotected in an area of Victoria

S. 7A(1) amended by No. 87/1997
item 2(a)).

(1) Whenever it appears to the Minister that a taxon or kind of protected wildlife is causing injury or damage to—

(a) any building, vineyard, orchard, garden or other property;

(b) any crop, grass, trees or other vegetation; or

S. 7A(1)(c) amended by No. 87/1997
item 2(a)).

(c) any taxon or kind of animal (including fish)—

in an area of Victoria, the Governor in Council may upon the recommendation of the Minister by an Order published in the Government Gazette declare that taxon or kind of wildlife to be unprotected wildlife in the area and for the period specified therein.

S. 7A(2) amended by No. 87/1997
item 2(b)).

(2) An Order of the Governor in Council declared pursuant to subsection (1) shall specify the area, conditions, limitations and restrictions including the persons authorized and the methods that they may use to kill, take or otherwise control the taxon or kind of wildlife declared unprotected.

S. 7A(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.7), 87/1997
item 2(c)).

(3) Upon the making of the Order the Secretary shall cause notice of the making of the Order to be published in a newspaper circulating generally in the area to which the Order applies and the Secretary may take any other measures that the Secretary considers are necessary to publicize the provisions of the Order.

(4) Notwithstanding any other provision of this Act, the killing or taking of wildlife in accordance with the provisions of an Order declared pursuant to this section shall not constitute an offence against this Act or be unlawful by virtue of any of the provisions of this or any other Act.

S. 7A(5) amended by No. 70/1990 s. 12(1)(a).

(5) Any person who contravenes or fails to comply with any provision, condition, limitation or restriction contained in an Order under this section shall be guilty of an offence against this Act.

Ss 8, 9 repealed by No. 41/1987 s. 103(Sch. 4 item 76.8).

S. 10 amended by No. 9505 s. 4(2) (as amended by No. 9549 s. 2(1)(Sch. item 254) (as amended by No. 9902 s. 2(1)(Sch. item 230)), repealed by No. 41/1987 s. 103(Sch. 4 item 76.8).

S. 11 amended by Nos 41/1987 s. 103(Sch. 4 item 76.9), 87/1997
item 3), repealed by No. 24/2014 s. 29.

Pt 2 (Heading) amended by No. 9505 s. 5(9)(b).

Part II—State Wildlife Reserves and Nature Reserves

12 Secretary may accept gift of land etc.

S. 12(1) amended by Nos 9212 s. 2(2), 9505 s. 5(1), 41/1987 s. 103(Sch. 4 item 76.10), 87/1997
item 4(a)).

(1) The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any land from the donor thereof or from the executor or administrator of any estate which the owner thereof desires to be set aside for the propagation or management of wildlife or the preservation of wildlife habitat and thereupon the land shall be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Crown Land (Reserves) Act 1978 for the purposes of this Act.

S. 12(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.10), 87/1997
item 4(b)).

(2) The Secretary with the consent of the Minister may accept a donation, gift, or bequest of land conditional upon the donor or a nominee of the donor or a nominee of the testator occupying the land during his lifetime or for a specified period.

S. 13 amended by Nos 41/1987 s. 103(Sch. 4 item 76.11), 87/1997
item 5).

13 Secretary may accept gift of personal property

The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any personal property or of money and may act as executor or administrator of any estate or as trustee of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

S. 14 (Heading) inserted by No. 19/2018 s. 224(1).

S. 14 substituted by No. 9505 s. 5(2), amended by Nos 41/1987 s. 103(Sch. 4 item 76.12), 87/1997
item 6), 19/2018 s. 224(2)(a).

14 Land manager has management and control of lands

The land manager shall have the management and control of any lands—

(a) accepted under section 12; and

(b) of the Crown which pursuant to the provisions of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment are temporarily or permanently reserved from sale or from being leased or from having a licence granted in respect thereof and which—

(i) have been set aside for the propagation or management of wildlife or the preservation of wildlife habitat; or

S. 14(b)(ii) amended by Nos 41/1987 s. 103(Sch. 4 item 76.12), 87/1997
item 6), 19/2018 s. 224(2)(b).

(ii) have been set aside for another purpose specified in section 4(1) of the Crown Land (Reserves) Act 1978 and in respect of which pursuant to an accepted recommendation the Minister considers that it would be appropriate for the land manager to have the management and control of such lands, and the Governor in Council by Order published in the Government Gazette pursuant to section 18(1) of the Crown Land (Reserves) Act 1978 places such lands under the control and management of the land manager for the purposes for which it is reserved.

S. 14A (Heading) substituted by No. 19/2018 s. 225(1).

S. 14A inserted by No. 49/2017 s. 98.

14A Obligations of Secretary and Parks Victoria in relation to Yarra River land

S. 14A(1) amended by No. 19/2018 s. 225(2).

(1) The land manager—

S. 14A(1)(a) amended by No. 19/2018 s. 225(2).

(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the land manager when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

S. 14A(1)(b) amended by No. 19/2018 s. 225(2).

(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the land manager, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

S. 14A(2) amended by No. 19/2018 s. 225(3), substituted by No. 43/2021 s. 219(Sch. 1 item 15.1).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 14B (Heading) amended by Nos 40/2020 s. 115(1), 42/2021 s. 144.

S. 14B inserted by No. 17/2018 s. 35.

14B Obligations of Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority in relation to declared areas

S. 14B(1) amended by No. 40/2020 s. 115(2).

(1) The land manager, when performing a function or duty or exercising a power under this Act in relation to a declared area—

S. 14B(1)(a) amended by No. 40/2020 s. 115(3).

(a) must not act inconsistently with any part
of a Statement of Planning Policy that is expressed to be binding on the land manager or the committee of management; and

S. 14B(1)(b) amended by No. 40/2020 s. 115(3).

(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the land manager or the committee of management; and

(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

S. 14B(2) amended by No. 40/2020 s. 115(4), substituted by No. 43/2021 s. 219(Sch. 1 item 15.2).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager or the committee of management in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 14C (Heading) amended by No. 42/2021 s. 145.

S. 14C inserted by No. 19/2020 s. 117.

14C Obligations of Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

(1) The land manager, when performing a function or duty or exercising a power under this Act or any other Act—

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

15 State Wildlife Reserves

S. 15(1) amended by Nos 9505 s. 5(3)(a), 41/1987 s. 103(Sch. 4 item 76.13), 87/1997
item 7(a)), 19/2018 s. 226(1).

(1) All lands coming under the management and control of the land manager pursuant to the provisions of this Act other than pursuant to section 14(b)(ii) shall be known as State Wildlife Reserves.

S. 15(1A) inserted by No. 19/2018 s. 226(2).

(1A) To avoid doubt, the entering into of an agreement under section 18A(1) for the management of land that is a State Wildlife Reserve by a Traditional Owner Land Management Board does not affect the status of the land as a State Wildlife Reserve.

(2) State Wildlife Reserves may by Order of the Governor in Council published in the Government Gazette be further classified separately as State Game Reserves, State Game Refuges, State Faunal Reserves, Game Management Stations or other classifications as specified.

S. 15(3) inserted by No. 9505 s. 5(3)(b), amended by Nos 41/1987 s. 103(Sch. 4 item 76.13), 87/1997
item 7(b)), 19/2018 s. 226(1).

(3) All lands coming under the management and control of the land manager pursuant to the provisions of section 14(b)(ii) are referred to in this Act as "Nature Reserves" and shall be known by the title specified in the Order of the Governor in Council referred to in section 14(b)(ii).

S. 16 (Heading) inserted by No. 19/2018 s. 227(1).

16 Land manager has management and control of State Wildlife Reserves

S. 16(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.14), 87/1997
item 8(a)), 19/2018 s. 227(2).

(1) Every State Wildlife Reserve shall be managed and controlled by the land manager subject to this Act and any special directions of the Minister.

S. 16(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.14), 87/1997
item 8(b)), 19/2018 s. 227(2).

(2) Subject to the regulations the land manager may—

S. 16(2)(a) amended by No. 12/2016 s. 36(1).

(a) notwithstanding anything to the contrary in the Land Act 1958 grant licences, other than a licence for a purpose relating to apiculture, in respect of land within a State Wildlife Reserve;

(b) impose collect and receive tolls rents fees or charges for or with respect to—

(i) entry upon such land or any specified part thereof;

(ii) the use of such land or any part thereof or any improvement thereon;

(iii) shooting on or over any such land;

(iv) using any service or facility whatsoever;

(v) the examination and approval of plans for any building or other structure to be erected on any land in an area held under licence under this section;

(c) provide services or arrange for the provision of services to any such land;

(d) carry out works or improvements on any such land;

(e) authorize and control the use of any land held under licence under this section.

S. 16(3) inserted by No. 12/2016 s. 36(2).

(3) A licence is taken to be granted for a purpose relating to apiculture if it permits the holder of the licence—

(a) to keep bee hives on the land described in the licence; or

(b) to enable the licensee's bees to forage over the licensed land for nectar or pollen.

S. 16A (Heading) inserted by No. 19/2018 s. 228(1).

S. 16A inserted by No. 9505 s. 5(4).

16A Land manager has management and control of Nature Reserves

S. 16A(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.15), 87/1997
item 9(a)), 19/2018 s. 228(2).

(1) The land manager shall for the purposes of the management and control of Nature Reserves be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.

S. 16A(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.15), 87/1997
item 9(b)), 19/2018 s. 228(3).

(2) Notwithstanding the provisions of sections 14(b)(ii) and 16A(1), where the land is subject to an accepted recommendation the land manager may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved.

S. 16A(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.15), 87/1997
item 9(c)), 19/2018 s. 228(4)(a).

(3) The Governor in Council may make regulations for and with respect to any of the matters referred to in subparagraphs (ii) to (xi) of section 13(1) of the Crown Land (Reserves) Act 1978 in relation to the land as if—

S. 16A(3)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 76.15), 87/1997
item 9(c)), 19/2018 s. 228(4)(b).

(a) any reference in that section to a committee of management were a reference to the land manager; and

(b) any reference in that section to the land were a reference to a Nature Reserve.

S. 16A(4) inserted by No. 51/2014 s. 9(Sch. 2 item 22.3).

(4) Any regulations made under subsection (3) for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

S. 17 amended by No. 9549 s. 2(1)(Sch. item 252), substituted by No. 9861 s. 3(1).

17 Moneys received paid to Consolidated Fund

S. 17(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.16), 87/1997
item 10), 19/2018 s. 229.

(1) All moneys received by the land manager by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve shall be paid into the Consolidated Fund.

S. 17(2) amended by No. 90/1989 s. 14(a), repealed by No. 31/1994 s. 3(Sch. 1 item 65), new s. 17(2) inserted by No. 42/2021 s. 146.[1]

(2) Despite subsection (1), all money received by the Great Ocean Road Coast and Parks Authority as land manager by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the Great Ocean Road and Environs Protection Act 2020.

S. 17(3) repealed by No. 31/1994 s. 3(Sch. 1 item 65).

S. 17A inserted by No. 9505 s. 5(5), repealed by No. 9861 s. 3(1).

S. 18 (Heading) inserted by No. 19/2018 s. 230(1).

18 Land manager to prepare management plans for reserves

S. 18(1) amended by Nos 9505 s. 5(6)(a)(b)(ii), 41/1987 s. 103(Sch. 4 item 76.17), 87/1997
item 11(a)), 19/2018 s. 230(2).

(1) The land manager shall—

(a) with respect to each wildlife reserve in existence at the commencement of this section, prepare a plan of management as soon as practicable after the commencement of this section; and

S. 18(1)(b) amended by No. 9505 s. 5(6)(b)(i)(ii).

(b) with respect to each State Wildlife Reserve constituted after the said commencement prepare a plan of management as soon as practicable after the constitution of the State Wildlife Reserve; and

S. 18(1)(c) inserted by No. 9505 s. 5(6)(c), amended by Nos 41/1987 s. 103(Sch. 4 item 76.17), 87/1997
item 11(a)), 19/2018 s. 230(2).

(c) with respect to each Nature Reserve brought under the management and control of the land manager pursuant to section 14(b)(ii), prepare a plan of management as soon as practicable after the commencement of this subsection.

S. 18(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.17), 87/1997
item 11(b)), 19/2018 s. 230(3).

(2) The Minister may adopt a plan of management without alteration, or with such alterations as he thinks reasonable, or may refer the plan back to the land manager for further consideration.

S. 18(3) amended by No. 9505 s. 5(6)(d).

(3) Every plan of management when sanctioned by the Minister shall be the working plan for the State Wildlife Reserve or the Nature Reserve to which it relates.

S. 18(4) amended by No. 9505 s. 5(6)(d).

(4) A plan of management may be amended from time to time with the approval of the Minister and shall, as amended, thereafter be the plan of management of the State Wildlife Reserve or the Nature Reserve to which it relates.

S. 18(4A) inserted by No. 19/2018 s. 230(4).

(4A) A plan of management under this section may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

S. 18(5) inserted by No. 62/2010 s. 133.

(5) In the case of any appointed land of a Traditional Owner Land Management Board, a plan of management under this section of any State Wildlife Reserve or Nature Reserve does not have effect if a joint management plan (within the meaning of the Conservation, Forests and Lands Act 1987) is in effect for that land.

S. 18(6) inserted by No. 26/2018 s. 99.

(6) On and after the preparation of a Marine and Coastal Strategy, the Secretary must ensure that a plan of management, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

S. 18(7) inserted by No. 26/2018 s. 99.

(7) In this section—

coastal and marine management plan has the same meaning as in the Marine and Coastal Act 2018;

marine and coastal Crown land has the same meaning as in the Marine and Coastal Act 2018;

S. 18(7) def. of Marine and Coastal Strategy amended by No. 22/2022 s. 195.

Marine and Coastal Strategy has the same meaning as in the Marine and Coastal Act 2018.

S. 18A inserted by No. 82/2009 s. 41, amended by No. 62/2010 s. 134, substituted by No. 19/2018 s. 231.

18A Management agreements with Traditional Owner Land Management Boards

(1) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a) the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board; or

(b) the carrying out of specified functions, powers or duties in relation to the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board.

(2) The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

S. 18A(2A) inserted by No. 42/2021 s. 147(1).

(2A) The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to any land in the Great Ocean Road coast and parks.

(3) In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4) If an agreement under subsection (1)—

(a) provides for a Traditional Owner Land Management Board to manage any land in a State Wildlife Reserve or Nature Reserve that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a State Wildlife Reserve or Nature Reserve that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 18A(4A) inserted by No. 42/2021 s. 147(2).

(4A) If an agreement under subsection (1)—

(a) provides for a Traditional Owner Land Management Board to manage any land in a State Wildlife Reserve or Nature Reserve that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a State Wildlife Reserve or Nature Reserve that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 18A(5) amended by No. 42/2021 s. 147(3).

(5) Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

S. 18B inserted by No. 62/2010 s. 135.

18B Land to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes the whole or any part of a State Wildlife Reserve or Nature Reserve under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

19 Limitation of mining etc. on State Wildlife or Nature Reserves

S. 19(1) amended by Nos 9505 s. 5(7), 41/1987 s. 103(Sch. 4 item 76.18), 92/1990
s. 128(Sch. 1 item 33), 63/2006 s. 61(Sch. item 34).

(1) Notwithstanding anything to the contrary in the Mineral Resources (Sustainable Development) Act 1990 or in any other Act or law no person has any rights of entry, prospecting, exploration, or mining in respect of lands being part of a State Wildlife Reserve or a Nature Reserve without the written permission of the Minister after consultation with the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990 and subject always to any conditions, limitations, or restrictions the Minister thinks fit to impose.

S. 19(2) amended by No. 41/1987 s. 103(Sch. 4 item 76.19).

(2) Any dispute arising with respect to the operation of this section between the Department within the meaning of the Conservation, Forests and Lands Act 1987 and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final.

S. 19(3) amended by Nos 9505 ss 5(7), 6(1)(a), 41/1987 s. 103(Sch. 4 items 76.20, 76.21), 57/1989 s. 3(Sch. item 219.1), 87/1997
item 12), 19/2018 s. 232.

(3) Where buildings huts fences dams weirs installations or standing crops are found within a State Wildlife Reserve or a Nature Reserve and—

(a) the owner or occupier thereof does not on demand produce any lease licence permit or authority therefor; or

S. 19(3)(b) amended by No. 41/1987 s. 103(Sch. 4 item 76.20).

(b) after reasonable inquiries made by an authorised officer the owner or occupier thereof cannot be found—

then on the hearing of the complaint of an authorised officer either generally or specially authorized in writing by the land manager to make such a complaint the Magistrates' Court may fix a time within which such buildings huts fences dams weirs installations or crops shall be removed.

S. 19(4) amended by No. 9505 s. 6(1)(b).

(4) If such removal is not effected within the time so fixed all such buildings huts fences dams weirs installations or crops shall thereupon become the property of the Crown and shall be disposed of as the Minister directs.

S. 19(5) amended by No. 9505 s. 6(1)(c).

(5) In any case where after such inquiries the owner or occupier has not been found it shall be sufficient service of the notice of removal if a copy thereof is posted on some conspicuous part of the land on which the buildings huts fences dams weirs installations or crops are found.

S. 19(6) repealed by No. 9505 s. 6(1)(d).

S. 19A inserted by No. 9505 s. 6(2), amended by Nos 9861 s. 3(1), 41/1987 s. 103(Sch. 4 items
76.22–76.25), 12/1989
s. 4(1)(Sch. 2 item 134.1), repealed by No. 89/1994 s. 40.

20 Offence to take wildlife from State Wildlife Reserve

S. 20(1) amended by Nos 70/1990 s. 12(1)(b), 3/2002 s. 4.

(1) Any person who, without the authority in writing of the Minister under Part IIIA, takes or destroys wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

S. 20(2) amended by No. 70/1990 s. 12(1)(b).

(2) Any person who without the authority in writing of the Minister hunts or wilfully disturbs wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

21 Removing sand etc. from State Wildlife Reserve or Nature Reserve

S. 21(1) amended by Nos 9505 s. 5(8)(a), 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(c), 87/1997
item 13(a)), 19/2018 s. 233.

(1) Any person who without the authority in writing of the land manager digs or removes any sand, soil, or other material from a State Wildlife Reserve or a Nature Reserve or deposits rubbish, debris, or other material in a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

S. 21(1A) inserted by No. 53/2014 s. 15.

(1A) Subsection (1) does not apply to a person if the person is acting under and in accordance with a levee maintenance permit within the meaning of the Water Act 1989.

S. 21(2) amended by Nos 9505 s. 5(8)(a), 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(d), 87/1997
ss 7, 42(Sch. item 13(b)), 19/2018 s. 233.

(2) Any person, other than a person authorised under the Water Act 1989 to do so, who without the authority in writing of the land manager interferes with or damages any structure or interferes with the flow of water into, out of, or within a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

S. 21(3) inserted by No. 9505 s. 5(8)(b), amended by Nos 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(b), 87/1997
item 13(c)), 19/2018 s. 233.

(3) Any person who without the authority in writing of the land manager takes, destroys, hunts, injures or wilfully disturbs wildlife or takes destroys or damages any native flora in a Nature Reserve shall be guilty of an offence against this Act.

S. 21AAA inserted by No. 53/2014 s. 14.

21AAA Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve

(a) construct, remove or alter a levee within a State Wildlife Reserve or a Nature Reserve; or

(b) carry out maintenance on a levee within a State Wildlife Reserve or a Nature Reserve.

Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.

(2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—

(a) in the performance of a function under this Act or the regulations; or

(b) that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act.

S. 21AAA(2A) inserted by No. 43/2015 s. 40.

(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.

(3) Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit.

levee has the same meaning as in Part 5AA of the Water Act 1989;

levee maintenance permit has the same meaning as in the Water Act 1989;

maintenance has the same meaning as in Part 5AA of the Water Act 1989.

S. 21AA inserted by No. 46/2012 s. 23.

21AA Offence to cut or take away fallen or felled trees

(1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.

Penalty: 20 penalty units.

(2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.

Penalty: 50 penalty units or imprisonment for 1 year or both.

(3) Subsections (1) and (2) do not apply to a person who—

(a) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or

(b) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with the regulations or regulations under any other Act.

fallen or felled trees includes parts of fallen or felled trees;

tree or trees has the same meaning as in section 3(1) of the Forests Act 1958.

Pt 2A (Heading and ss 21A–21J) inserted by No. 40/2009 s. 42.

Part IIA—Tour operator licences

S. 21A inserted by No. 40/2009 s. 42.

21A Offence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed

(1) A person must not conduct an organised tour or recreational activity for profit on a State Wildlife Reserve unless that person holds a tour operator licence.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2) Subsection (1) does not apply to a person who conducts an activity on a State Wildlife Reserve and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.

(3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).

S. 21B inserted by No. 40/2009 s. 42.

21B Grant of tour operator licence

S. 21B(1) amended by No. 19/2018 s. 234.

(1) The land manager may grant a licence to a person to conduct an organised tour or recreational activity for profit on a State Wildlife Reserve to a person who has applied under section 21C.

S. 21B(2) amended by No. 19/2018 s. 234.

(2) The land manager may grant a licence under subsection (1) for a period not exceeding 10 years.

S. 21C inserted by No. 40/2009 s. 42.

21C Application for tour operator licence

S. 21C(1) amended by No. 19/2018 s. 235.

(1) A person may apply for a tour operator licence to the land manager in respect of the land on which the proposed tour or recreational activity is to take place.

(2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.

(3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.

S. 21D inserted by No. 40/2009 s. 42.

21D Requirement to pay annual licence fee after grant of tour operator licence

(1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.

(2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations.

S. 21E inserted by No. 40/2009 s. 42.

21E Tour operator licence conditions

A licence granted under section 21B is subject to—

S. 21E(a) amended by No. 19/2018 s. 236.

(a) any conditions, determined by the land manager, that are specified or referred to in the licence; and

(b) any prescribed conditions.

S. 21F inserted by No. 40/2009 s. 42.

21F Contravention of condition an offence

A holder of a tour operator licence must not contravene the conditions of the licence.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

S. 21G inserted by No. 40/2009 s. 42.

21G Variation of tour operator licence

S. 21G(1) amended by No. 19/2018 s. 237(1).

(1) The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence.

S. 21G(2) amended by No. 19/2018 s. 237(1).

(2) On receiving the application under subsection (1), the land manager may vary the licence or condition in accordance with the application.

S. 21G(3) amended by No. 19/2018 s. 237(2).

(3) A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder.

S. 21G(4) amended by No. 19/2018 s. 237(3).

(4) The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required.

S. 21G(5) amended by No. 19/2018 s. 237(2).

(5) A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder.

S. 21H inserted by No. 40/2009 s. 42.

21H Suspension of tour operator licence

S. 21H(1) amended by No. 19/2018 s. 238.

(1) If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend the tour operator licence by notice in writing given to the holder of the licence.

(a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and

(b) subject to section 21I, for the period (not exceeding 90 days) specified in the notice.

(3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—

(a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;

(b) specify a date or period by which the submissions must be made.

S. 21I inserted by No. 40/2009 s. 42.

21I Making submissions on suspension

S. 21I(1) amended by No. 19/2018 s. 239.

(1) The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence.

S. 21I(2) amended by No. 19/2018 s. 239.

(2) The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1).

S. 21I(3) amended by No. 19/2018 s. 239.

(3) In carrying out a review under subsection (2), the land manager—

(a) must have regard to the submissions made under subsection (1); and

S. 21I(4) amended by No. 19/2018 s. 239.

(4) The land manager must notify the person whose licence has been suspended of the outcome of review.

S. 21J inserted by No. 40/2009 s. 42.

21J Cancellation of tour operator licence

S. 21J(1) amended by No. 19/2018 s. 240(1).

(1) The land manager may cancel a tour operator licence if the land manager is satisfied, on reasonable grounds, that—

(a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or

(b) the holder of the licence has contravened a condition of the licence.

S. 21J(2) amended by No. 19/2018 s. 240(2)(a).

(2) Before cancelling a tour operator licence, the land manager must—

S. 21J(2)(a) amended by No. 19/2018 s. 240(2)(b).

(a) notify the holder of the licence that the land manager proposes to cancel the licence; and

S. 21J(4) amended by No. 19/2018 s. 240(3)(a).

(4) In making a decision as to whether or not to cancel a tour operator licence, the land manager must—

S. 21J(4)(b) amended by No. 19/2018 s. 240(3)(b).

(b) must notify the holder of the land manager's decision.

S. 21J(5) amended by No. 19/2018 s. 240(4).

(5) The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given.

Part III—Licences

S. 22 amended by Nos 9505 s. 7(a)–(d), 9578 s. 2(a)(b), 9902 s. 2(1)(Sch. item 276), 41/1987 s. 103(Sch. 4 items 76.26, 76.27), substituted by No. 70/1990 s. 5(1).

22 Wildlife licences

S. 22(1) substituted by No. 87/1997
s. 8(1), amended by Nos 10/2005 s. 3(Sch. 1 item 27.1), 24/2014 s. 30(1)(a).

(1) Subject to subsection (2), the Secretary may license a person to do all or any of the following—

S. 22(1)(a) amended by No. 24/2014 s. 30(1)(b).

(a) take or destroy wildlife (other than specified birds);

S. 22(1)(b) amended by No. 24/2014 s. 30(1)(b).

(b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process or display wildlife (other than specified birds).

S. 22(2) repealed by No. 87/1997
s. 8(1), new s. 22(2) inserted by No. 24/2014 s. 30(2).

(2) The Game Management Authority may license a person to do all or any of the following in respect of specified birds—

(a) take or destroy the birds;

(b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed or display the birds.

(3) A licence—

(a) must be in a prescribed category; and

(b) is subject to any conditions, limitations and restrictions—

(i) that are prescribed; and

S. 22(3)(b)(ii) substituted by No. 87/1997
s. 8(2)(a), amended by No. 24/2014 s. 30(3).

(ii) that the Secretary or the Game Management Authority (as appropriate) imposes on the licence or on that category of licence; and

S. 22(3)(c) inserted by No. 87/1997
s. 8(2)(b).

(c) is subject to the condition that the holder of the licence must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the licence for the purpose of monitoring compliance with this Act, the regulations or the conditions of the licence.

S. 22(3A) inserted by No. 87/1997
s. 8(3), amended by No. 24/2014 s. 30(3).

(3A) If the regulations vary the conditions, limitations or restrictions on wildlife licences or a category of wildlife licences, the variation has effect, in relation to a wildlife licence in force at the time the regulation is made, upon the Secretary or the Game Management Authority (as appropriate) giving notice of the variation to the holder of the licence.

S. 22(4) amended by Nos 87/1997
item 14), 24/2014 s. 30(3).

(4) A person seeking the issue of a licence must apply to the Secretary or the Game Management Authority (as appropriate) in the prescribed manner for a prescribed category of licence and must pay the appropriate prescribed fee with the application.

(5) A licence issued under this section does not authorise a person to take any wildlife from the wild or to destroy, buy, sell, dispose of, keep, possess, control, breed, process or display any wildlife taken from the wild unless the person is specifically authorised by the licence to do so.

S. 22(6) amended by No. 87/1997
s. 8(4).

(6) A person who holds a licence who contravenes subsection (5) or any condition, limitation or restriction of the licence is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

(7) In addition to any other penalty to which the holder of a licence is liable under this Act, a court before which the holder is convicted of an offence against subsection (6) may impose any additional condition, limitation or restriction on the licence that the court thinks fit.

S. 22A inserted by No. 90/1989 s. 13(1).

22A Game licences

S. 22A(1) amended by No. 70/1990
s. 12(2), substituted by No. 87/1997
s. 9(1), amended by Nos 10/2005 s. 3(Sch. 1 item 27.2), 24/2014 s. 31(1).

(1) The Game Management Authority may license a person to hunt, take or destroy game.

S. 22A(2) amended by Nos 87/1997
s. 42(Sch. item 15(a)), 24/2014 s. 31(1).

(2) A person seeking a game licence must apply to the Game Management Authority in the prescribed manner for the game licence and must lodge the prescribed fee with the application.

S. 22A(3) amended by Nos 87/1997
s. 42(Sch. item 15(b)), 24/2014 s. 31(2).

(3) The Game Management Authority may, subject to any conditions, limitations and restrictions that are prescribed or as the Authority thinks fit to impose, license any person to hunt, take or destroy any game.

S. 22A(4) amended by No. 87/1997
item 15(c)).

(4) A game licence may be general in application or may be restricted as to the kinds or taxon of game which may be hunted, taken or destroyed or the area in which game may be hunted, taken or destroyed or the type of weapon which may be used to hunt, take or destroy game.

S. 22A(4A) inserted by No. 87/1997
s. 9(2), amended by No. 24/2014 s. 31(3).

(4A) Despite anything to the contrary in any other Act, if the Game Management Authority thinks fit, a game licence is subject to the condition that the holder of the licence must take part in a ballot, in accordance with the regulations, in order to determine the entitlements of the holder to take game specified under that licence.

S. 22A(4B) inserted by No. 87/1997
s. 9(2), amended by No. 24/2014 s. 31(3).

(4B) If the regulations vary the conditions, limitations or restrictions on game licences or a category of game licences, the variation has effect, in relation to a game licence in force at the time the regulation is made, upon the Game Management Authority giving notice of the variation to the holder of the licence.

S. 22A(5) amended by Nos 87/1997
item 15(d)(i)), 24/2014 s. 31(4).

(5) Subject to subsection (6), the Game Management Authority must grant any application for a game licence unless the Authority is satisfied that—

(a) the applicant is not a fit and proper person to hold the licence; or

(b) the applicant is not qualified under the regulations to hold the licence; or

S. 22A(5)(c) amended by No. 87/1997
ss 9(3), 42(Sch.
item 15(d)(ii)).

(c) the issue of the licence would be deleterious to the conservation of any taxon or any kind of game; or

S. 22A(5)(d) inserted by No. 87/1997
s. 9(3).

(d) the applicant is already the holder of a licence under this section; or

S. 22A(5)(e) inserted by No. 87/1997
s. 9(3).

(e) the applicant has failed any prescribed test about the identification of that taxon of wildlife in respect of which the licence is to be issued.

S. 22A(6) amended by Nos 87/1997
item 15(e)), 24/2014 s. 31(5), 48/2016 s. 20.

(6) The Game Management Authority may refuse to grant any application for a game licence if the applicant has been found guilty of any offence against this Act.

S. 22A(7) amended by No. 87/1997
s. 9(4)(a)(b).

(7) A game licence unless sooner cancelled or surrendered under this Act continues in force for any period up to 5 years that is specified in the licence.

S. 22A(7A) inserted by No. 87/1997
s. 9(5), amended by No. 24/2014 s. 31(6).

(7A) The Game Management Authority must renew a licence upon application from the holder of the licence unless the Authority is satisfied that—

(a) any of the circumstances set out in subsection (5)(a), (b), (c) or (e) applies; or

(b) the applicant has been found guilty of an offence against this Act or the regulations; or

(c) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

S. 22A(7B) inserted by No. 87/1997
s. 9(5), amended by No. 24/2014 s. 31(7).

(7B) Upon application made in writing and upon payment of any additional prescribed fee, the Game Management Authority may vary any licence in force under this section in any respect and, as from the date of the variation, the licence is deemed to have been granted as so varied.

S. 22A(7C) inserted by No. 87/1997
s. 9(5), amended by No. 24/2014 s. 31(8).

(7C) In considering an application under subsection (7B) the Game Management Authority may refuse to grant the application if the Authority is satisfied that any of the grounds set out in subsection (5)(a), (b), (c) or (e) applies.

S. 22A(7D) inserted by No. 87/1997
s. 9(5).

(7D) A person who is not a natural person is not eligible to seek the issue of or to be granted a licence under this section.

S. 22A(8) amended by No. 70/1990 s. 12(2).

(8) The holder of a game licence must not contravene any condition, limitation or restriction to which the licence is subject.

Penalty for an offence against this subsection: 10 penalty units.

S. 22A(9) amended by No. 87/1997
item 15(f)), repealed by No. 52/1998
s. 311(Sch. 1 item 107.1).

S. 23 (Heading) inserted by No. 24/2014 s. 32(1).

23 Grant of wildlife licences may be refused in certain cases

S. 23(1) amended by Nos 41/1987
s. 103(Sch. 4 items 76.28, 76.29), 90/1989 s. 14(b), 87/1997
item 16(a)(i)), 24/2014 s. 32(2).

(1) The Secretary may refuse to grant any application for a licence referred to in section 22 (except a licence in respect of specified birds) or to renew any such licence if the Secretary is satisfied that—

(a) the applicant is not a fit and proper person to hold the licence applied for;

S. 23(1)(b) substituted by No. 87/1997
s. 10(a).

(b) the premises specified in the application for grant or renewal as being the premises which is to house the wildlife in respect of which the licence is sought—

(i) are not suitable for housing the wildlife; or

(ii) are premises in respect of which a licence has already been issued; or

(iii) in the case of a private wildlife licence, are not premises at which the applicant resides;

S. 23(1)(c) amended by Nos 70/1990 s. 6(1)(b), 87/1997
item 16(a)(ii)).

(c) the issue of the licence would be deleterious to the welfare or conservation of any wild life or of any taxon of wildlife;

(d) the number of such licences in force ought to be limited; or

S. 23(1)(e) substituted by No. 87/1997

(e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or

S. 23(1)(f) inserted by No. 87/1997

(f) the applicant is already the holder of a wildlife licence; or

S. 23(1)(g) inserted by No. 87/1997

(g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

S. 23(1A) inserted by No. 24/2014 s. 32(3).

(1A) The Game Management Authority may refuse to grant any application for a licence referred to in section 22 in respect of specified birds or to renew a licence in respect of specified birds if the Authority is satisfied that—

(a) the applicant is not a fit and proper person to hold a licence in respect of specified birds; or

(b) the premises specified in the application for grant or renewal as being the premises which is to house the specified birds—

(i) are not suitable for housing specified birds; or

(ii) are premises in respect of which a licence has already been issued; or

(c) the issue of the licence would be deleterious to the welfare of specified birds; or

(d) the number of licences in force ought to be limited; or

(e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or

(f) the applicant is already a holder of a wildlife licence in respect of specified birds; or

(g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

S. 23(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), 70/1990 s. 6(1)(c), 87/1997
item 16(b)), 24/2014 s. 32(4).

(2) Upon application made in writing and upon payment of any additional prescribed fees the Secretary may vary a licence in force under section 22 (other than a licence in respect of specified birds) in any respect and as from the date of such variation the licence shall be deemed to have been granted as so varied.

S. 23(3) amended by Nos 9505 s. 18(2)(b), 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(d),
new s. 23(3) inserted by No. 24/2014 s. 32(5).

(3) The Game Management Authority may vary a licence in respect of specified birds in force under section 22 in any respect—

(a) on an application made in writing by the holder of the licence; and

(b) on payment of any additional prescribed fees.

S. 23(4) inserted by No. 24/2014 s. 32(5).

(4) On the date of variation of a licence in respect of specified birds under subsection (3), the licence is deemed to have been granted as varied.

S. 24 amended by Nos 9505 s. 8, 9578 s. 3, 9643 s. 2(a)(i)–(vii), 9851
s. 2(a)–(j), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(e).

25 Duration of licence

S. 25(1) amended by Nos 90/1989
s. 14(c), 70/1990 s. 6(1)(f), 87/1997
s. 11.

(1) Every licence referred to in section 22 shall, unless sooner cancelled, suspended or surrendered under this Act, remain in force for the period specified in the licence but not in any case exceeding three years.

S. 25(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.30), 90/1989 s. 14(c), substituted by No. 70/1990 s. 6(7),
amended by No. 87/1997
item 17(a)), substituted by No. 24/2014 s. 33(1).

(2) An application for the renewal of a wildlife licence must be—

(a) made in the prescribed manner; and

(b) made to—

(i) if the wildlife licence is in respect of specified birds, the Game Management Authority; or

(ii) in any other case, the Secretary.

S. 25(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.30), 70/1990 s. 6(1)(g), 87/1997
item 17(b)), 24/2014 s. 33(2).

(3) Every renewal shall be subject to such conditions, limitations, and restrictions as are prescribed or as the Secretary or the Game Management Authority (as appropriate) thinks fit and are expressed or referred to in the licence.

S. 25(4) amended by Nos 41/1987 s. 103(Sch. 4 item 76.30), 90/1989 s. 14(c), 87/1997
item 17(c)), substituted by No. 24/2014 s. 33(3).

(4) The Secretary may vary a wildlife licence (other than a wildlife licence in respect of specified birds) at any time by notice in writing sent by post to the holder of the licence.

S. 25(5) inserted by No. 24/2014 s. 33(3).

(5) The Game Management Authority may vary a wildlife licence in respect of specified birds at any time by notice in writing sent by post to the holder of the licence.

S. 25A (Heading) inserted by No. 24/2014 s. 34(1).

S. 25A inserted by No. 87/1997

25A Mandatory cancellation of certain licences by Secretary

S. 25A(1) amended by No. 24/2014 s. 34(2).

(1) The Secretary must cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application.

(2) Before cancelling a licence under this section, the Secretary must—

(a) notify the holder in writing that it is proposed to cancel the licence; and

(b) allow the holder 14 days within which to make oral or written submissions about the proposal.

(3) In making a decision, the Secretary must—

(a) have regard to the submissions; and

(b) notify the holder of the decision.

(4) In addition to cancelling the licence, the Secretary may—

S. 25A(4)(a) amended by Nos 40/2009 s. 43(a), 24/2014 s. 34(3).

(a) cancel any other licence issued to that person under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence); and

S. 25A(4)(b) amended by Nos 40/2009 s. 43(b), 24/2014 s. 34(3).

(b) specify a time within which the person may not apply for another licence under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence).

S. 25AB inserted by No. 24/2014 s. 35.

25AB Mandatory cancellation of certain licences by Game Management Authority

(1) The Game Management Authority must cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application.

(2) Before cancelling a licence under this section, the Game Management Authority must—

(a) notify the holder in writing that it is proposed to cancel the licence; and

(b) allow the holder 14 days within which to make oral or written submissions about the proposal.

(3) In making a decision, the Game Management Authority must—

(a) have regard to the submissions; and

(b) notify the holder of the decision.

(4) In addition to cancelling the licence, the Game Management Authority may—

(a) cancel any other game licence or wildlife licence in respect of specified birds issued to that person; and

(b) specify a time within which the person may not apply for another game licence or wildlife licence in respect of specified birds.

S. 25B (Heading) inserted by No. 24/2014 s. 36(1).

S. 25B inserted by No. 87/1997

25B Power of Secretary to suspend certain licences

S. 25B(1) amended by Nos 40/2009 s. 44, 24/2014 s. 36(2).

(1) The Secretary may suspend a wildlife licence (other than a wildlife licence in respect of specified birds), by notice in writing given to the holder of the licence, if the Secretary is satisfied, on reasonable grounds, that—

(a) from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and

(b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice.

S. 25B(3) amended by No. 24/2014 s. 36(3).

(3) The custody, care and management of any wildlife (other than specified birds) held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Secretary.

S. 25BA inserted by No. 24/2014 s. 37.

25BA Power of Game Management Authority to suspend certain licences

(1) The Game Management Authority may suspend a wildlife licence in respect of specified birds or a game licence, by notice in writing given to the holder of the licence, if the Authority is satisfied, on reasonable grounds, that—

(a) from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and

(b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice.

(3) The custody, care and management of any specified birds held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Game Management Authority.

S. 25C inserted by No. 87/1997

25C Making submissions on suspension

S. 25C(1) amended by Nos 40/2009 s. 44, 24/2014 s. 38.

(1) Immediately on suspending a licence under this Part, the Secretary or Game Management Authority (as appropriate) must allow the holder of the licence an opportunity to make written submissions.

S. 25C(3) amended by No. 24/2014 s. 38.

(3) On receiving any submissions under subsection (2), the Secretary or Game Management Authority (as appropriate) must review the decision to suspend the licence, and in doing so must have regard to the submissions and may decide—

(a) not to revoke or amend the suspension; or

(b) to revoke or amend the suspension.

S. 25C(4) amended by No. 24/2014 s. 38.

(4) The Secretary or Game Management Authority (as appropriate) must notify the holder of the licence of the outcome of the review.

S. 25D (Heading) inserted by No. 24/2014 s. 39(1)

S. 25D inserted by No. 87/1997

25D Power of Secretary to cancel certain licences

S. 25D(1) amended by Nos 40/2009 s. 44, 24/2014 s. 39(2).

(1) The Secretary may cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied, on reasonable grounds, that—

(2) Before cancelling a licence the Secretary must—

(a) notify the holder that he or she proposes to cancel the licence; and

(4) In making a decision as to whether or not to cancel a licence, the Secretary must—

(5) A cancellation under this section has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

S. 25D(6) amended by No. 24/2014 s. 39(3).

(6) Any wildlife (other than specified birds) held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

S. 25DA inserted by No. 24/2014 s. 40.

25DA Power of the Game Management Authority to cancel certain licences

(1) The Game Management Authority may cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied, on reasonable grounds, that—

S. 25DA(1A) inserted by No. 48/2016 s. 21(1).

(1A) In addition to cancelling a licence under subsection (1), the Game Management Authority may specify a time not exceeding 5 years within which the person may not apply for either a wildlife licence in respect of specified birds or a game licence.

(2) Before cancelling a licence the Game Management Authority must—

(a) notify the holder that the Authority proposes to cancel the licence; and

S. 25DA(2)(ab) inserted by No. 48/2016 s. 21(2).

(ab) if the Authority proposes to specify a time within which the person may not apply for a wildlife licence in respect of specified birds, or a game licence, notify the holder that the Authority proposes to do so and of the proposed time; and

S. 25DA(4) amended by No. 48/2016 s. 21(3).

(4) In making a decision as to whether or not to cancel a licence under subsection (1) or specify a time under subsection (1A), the Game Management Authority must—

(b) must notify the holder of the Authority's decision.

S. 25DA(5) amended by No. 48/2016 s. 21(4).

(5) A cancellation under subsection (1) and a time specified under subsection (1A) have effect from the time specified in the notice of the Game Management's Authority's decision under subsection (4), which must be after the day on which the notice was given.

S. 25DA(5A) inserted by No. 48/2016 s. 21(5).

(5A) A notice under subsection (4) may direct the holder to return the licence to the Game Management Authority within the period specified in the notice.

S. 25DA(5B) inserted by No. 48/2016 s. 21(5).

(5B) A person to whom a notice under subsection (4) is given must comply with any direction in the notice of a kind referred to in subsection (5A).

Penalty: 5 penalty units.

(6) Any specified birds held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Game Management Authority.

S. 26 amended by Nos 9505 s. 18(2)(b), 90/1989 s. 14(c), substituted by No. 70/1990 s. 6(6), repealed by
s. 12(2).

S. 27
repealed by No. 9861
s. 3(1).

28 Production of licence

S. 28(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.31), 70/1990 s. 12(1)(f), 37/2014 s. 10(Sch. item 184.2).

(1) The holder of any licence, permit, or other authority under this Act shall on demand by an authorised officer or by a police officer produce the licence, permit, or other authority for inspection by the authorised officer or police officer either forthwith or, if he has not the licence, permit, or other authority in his possession at that time, within fourteen days thereafter at such place as the authorised officer or police officer directs.

1. 5 penalty units.

S. 28(2) amended by No. 70/1990 s. 12(1)(a).

(2) Any person—

(a) who gives or lends a licence under this Act to any other person or knowingly permits or suffers his licence to be used by any other person;

(b) who when lawfully required to produce his licence under this Act produces or tenders a licence issued to any other person; or

(c) tampers with, defaces, or otherwise unlawfully uses or attempts to use a licence under this Act issued to any other person—

Pt 3A (Heading and ss 28A–28F) inserted by No. 87/1997

Part IIIA—Authorisations

S. 28A inserted by No. 87/1997

28A Authorisation to take etc. wildlife

S. 28A(1) amended by No. 24/2014 s. 41(1).

(1) Subject to subsection (1AA), the Secretary may give written authorisation to a person to do all or any of the following—

(a) hunt, take or destroy wildlife;

S. 28A(1)(b) amended by No. 45/2008 s. 4(1)(a).

(b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on wildlife;

S. 28A(1)(ba) inserted by No. 45/2008 s. 4(1)(b).

(ba) mark wildlife, handle wildlife for the purpose of marking it and interfere with the markings on wildlife—

if he or she is satisfied that the authorisation is necessary—

(c) because wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

(d) for the purposes of the management, conservation, protection or control of wildlife or for the purposes of education about wildlife, research into wildlife or scientific or other study of wildlife; or

(e) for aboriginal cultural purposes; or

(f) for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or

(g) for the purposes of ensuring the health or safety of any person or class of persons; or

(h) to support a recognised wildlife management plan; or

(i) to make provision for the custody, care and management of wildlife, held under another authorisation or a licence which has been suspended, during the period of that suspension.

S. 28(1AA) inserted by No. 24/2014 s. 41(2).

(1AA) The Secretary must consult with the Game Management Authority before giving written authorisation to a person under subsection (1)(a) to hunt, take or destroy specified birds or game.

S. 28(1AB) inserted by No. 24/2014 s. 41(2).

(1AB) The Game Management Authority may give written authorisation to a person to do all or any of the following—

(a) hunt, take or destroy game;

(b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on game;

(c) mark game, handle game for the purpose of marking it and interfere with the markings on game—

if the Authority is satisfied that the authorisation is necessary—

(d) for the purposes of the management, conservation, protection or control of game or for the purposes of education about game, research into game or scientific or other study of game; or

(e) for aboriginal cultural purposes; or

(f) for the purposes of ensuring the health or safety of any person or class of persons; or

(g) to support a recognised wildlife management plan; or

(h) to make provision for the custody, care and management of game, held under another authorisation or a licence which has been suspended, during the period of that suspension.

S. 28A(1A) inserted by No. 45/2008 s. 4(2).

(1A) The Secretary may give written authorisation to a person to disturb wildlife or cause wildlife to be disturbed if the Secretary is satisfied that the authorisation is necessary—

(a) because the wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property, owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

(b) to support a recognised wildlife management plan.

(2) An authorisation is subject to any conditions, limitations or restrictions placed on that authorisation or that category of authorisation—

(a) by the Secretary; or

S. 28A(2)(ab) inserted by No. 24/2014 s. 41(3).

(ab) by the Game Management Authority; or

(b) by the regulations.

(3) An authorisation is subject to the condition that the holder of the authorisation must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the authorisation for the purpose of monitoring compliance with this Act, the regulations or the conditions of the authorisation.

(4) A person seeking the issue of an authorisation must—

S. 28A(4)(a) amended by No. 24/2014 s, 41(4).

(a) apply to the Secretary or the Game Management Authority (as appropriate) for the authorisation in the prescribed manner; and

S. 28A(4)(b) amended by No. 24/2014 s, 41(4).

(b) provide any information required by the Secretary or the Game Management Authority (as appropriate) to accompany the application; and

(c) pay the prescribed fee (if any) for the authorisation.

S. 28B inserted by No. 87/1997

28B Offence of failing to comply with conditions of authorisation

A person to whom an authorisation under section 28A has been granted must comply with the conditions, limitations or restrictions of the authorisation.

S. 28C inserted by No. 87/1997

28C Duration and renewal of authorisation

(1) An authorisation, unless sooner cancelled or suspended, continues in force for that period, not exceeding 3 years, that is specified in the authorisation.

(2) An authorisation may be renewed.

S. 28D inserted by No. 87/1997

28D Suspension of authorisation

S. 28D(1) amended by No. 24/2014 s. 42(1).

(1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend an authorisation the Secretary has given, by notice in writing given to the holder of an authorisation.

S. 28D(1A) inserted by No. 24/2014 s. 42(2).

(1A) If the Game Management Authority is satisfied that there are reasonable grounds to do so, the Authority may suspend an authorisation the Authority has given, by notice in writing given to the holder of an authorisation.

S. 28D(2)(a) amended by No. 24/2014 s. 42(3).

(a) from the time specified in the notice under subsection (1) or (1A), which must be after the day on which the notice is given; and

(b) subject to section 28E, for the period (not exceeding 90 days) specified in the notice.

S. 28D(3) amended by No. 24/2014 s. 42(4).

(3) The custody, care and management of any wildlife held under an authorisation which has been suspended under this section by the Secretary must be dealt with in accordance with the directions of the Secretary.

S. 28D(4) inserted by No. 24/2014 s. 42(5).

(4) The custody, care and management of any game or specified birds held under an authorisation which has been suspended under this section by the Game Management Authority must be dealt with in accordance with the directions of the Authority.

S. 28E inserted by No. 87/1997

28E Making submissions on suspension

S. 28E(1) amended by No. 24/2014 s. 43.

(1) Immediately on suspending an authorisation, the Secretary or Game Management Authority (as appropriate) must allow the holder of the authorisation an opportunity to make written submissions.

S. 28E(3) amended by No. 24/2014 s. 43.

(3) On receiving any submissions under subsection (2), the Secretary or Game Management Authority (as appropriate) must review the decision to suspend the authorisation, and in doing so must have regard to the submissions and may decide—

(a) not to revoke or amend the suspension; or

(b) to revoke or amend the suspension.

S. 28E(4) amended by No. 24/2014 s. 43.

(4) The Secretary or Game Management Authority (as appropriate) must notify the holder of the authorisation of the outcome of the review.

S. 28F inserted by No. 87/1997

28F Cancellation of authorisation

S. 28F(1) amended by No. 24/2014 s. 44(1).

(1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may cancel an authorisation that the Secretary has given.

S. 28F(1A) inserted by No. 24/2014 s. 44(2).

(1A) If the Game Management Authority is satisfied that there are reasonable grounds to do so, the Authority may cancel an authorisation it has given.

S. 28F(2) amended by No. 24/2014 s. 44(3).

(2) Before cancelling an authorisation the Secretary or Game Management Authority (as appropriate) must—

(a) notify the holder that it is proposed to cancel the authorisation; and

(b) allow the holder of the authorisation an opportunity to make either oral or written submissions.

S. 28F(4) amended by No. 24/2014 s. 44(3).

(4) In making a decision as to whether or not to cancel an authorisation, the Secretary or Game Management Authority (as appropriate) must—

(b) must notify the holder of the decision.

(5) A cancellation under this section has effect from the time specified in the notice under subsection (4).

S. 28F(6) amended by No. 24/2014 s. 44(4).

(6) Any wildlife held under an authorisation the Secretary has given which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

S. 28F(7) inserted by No. 24/2014 s. 44(5).

(7) Any game or specified birds held under an authorisation which has been cancelled under this section must be disposed of in accordance with the directions of the Game Management Authority.

Pt 3B (Heading and ss 28G–28K) inserted by No. 45/2008 s. 5.

Part IIIB—Authorisation Orders

S. 28G inserted by No. 45/2008 s. 5.

28G Authorisation Orders as to taking etc. wildlife

(1) The Governor in Council, on the recommendation of the Minister, may make an order authorising a class of person to do all or any of the following—

(a) hunt, take or destroy wildlife;

(b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on wildlife;

(c) mark wildlife, handle wildlife for the purpose of marking it and interfere with the markings on wildlife.

(2) The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that the making of the order is necessary—

(a) because wildlife is damaging buildings, vineyards, orchards, crops, trees, pastures, habitats or other property and authority is to be given by the order to owners, occupiers or administrators of such property or persons living in the vicinity of such property; or

S. 28G(2)(b) substituted by No. 11/2014 s. 18.

(b) for the purposes of—

(i) the management, conservation, protection or control of wildlife; or

(ii) education about wildlife, research into wildlife or scientific or other study of wildlife; or

(iii) recreational hunting of game; or

(c) for aboriginal cultural purposes; or

(d) for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or

(e) for the purposes of ensuring the health or safety of any person or class of persons; or

(f) to support a recognised wildlife management plan.

S. 28H inserted by No. 45/2008 s. 5.

28H Authorisation Orders as to disturbing wildlife

(1) The Governor in Council, on the recommendation of the Minister, may make an order authorising a class of person to disturb wildlife or cause wildlife to be disturbed.

(2) The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that the making of the order is necessary—

(a) because wildlife is damaging buildings, vineyards, orchards, crops, trees, pastures, habitats or other property and authority is to be given by the order to owners, occupiers or administrators of such property or persons living in the vicinity of such property; or

(b) to support a recognised wildlife management plan.

S. 28I
inserted by No. 45/2008 s. 5.

28I Conditions in authorisation orders

(1) The Governor in Council may impose conditions on the carrying out of any activity under an authorisation order.

(2) Regulations made under this Act may impose conditions on the carrying out of any activity under an authorisation order.

S. 28J inserted by No. 45/2008 s. 5.

28J Publication and commencement of authorisation order

(1) An authorisation order must be published in the Government Gazette.

(2) An authorisation order comes into operation on—

(a) the day specified in the order, which must not be before the day on which the order is published in the Government Gazette; or

(b) if no day is specified in the order, the day after the day on which the order is published in the Government Gazette.

S. 28K inserted by No. 45/2008 s. 5.

28K Period of authorisation order

An authorisation order remains in force for the period specified in the order, or for 3 years from the commencement of the order (whichever is the earlier).

Part IV—Research and management

S. 29 amended by Nos 41/1987 s. 103(Sch. 4 item 76.32), 87/1997
item 18(a)).

29 Secretary to carry out research etc.

Subject to the direction and control of the Minister the Secretary shall carry out or cause to be carried out investigations, field studies, and scientific or biological research for the purpose of conserving, and propagating wildlife or improving, conserving, or maintaining wildlife habitat and in particular, without in any way limiting the generality of the foregoing, the Secretary may carry out or cause to be carried out—

(a) surveys of wildlife populations and wildlife habitats;

(b) investigations concerning the possible effects and influence on wildlife and wildlife habitat of any existing or proposed river improvement work, drainage projects, water conservation projects, re-afforestation projects and any other project which may affect wildlife or wildlife habitat;

(c) banding or marking of wildlife;

(d) collection of wildlife for examination and study;

(e) management of wildlife or wildlife habitat;

(f) works for the improvement or preservation of wildlife habitat;

(g) such public education programmes as he considers necessary for promoting and maintaining an appreciation of the value of wildlife;

(h) scientific or biological research, studies, or investigations in conjunction with other scientific organizations;

S. 29(i) amended by No. 87/1997
item 18(b)).

(i) economic studies and investigations with respect to the raising, keeping, and rearing of any taxon of wildlife for commercial purposes;

(j) removal of wildlife from any particular locality;

(k) any act or operation for the conservation of wildlife and improvement of wildlife habitat.

30 Minister may authorize the use of prohibited equipment for certain purposes

S. 30(1) amended by No. 41/1987 s. 103(Sch. 4 item 76.33).

(1) For the purposes of this Part the Minister may, subject to such conditions, limitations, and restrictions as he thinks fit to impose, authorize any person in writing (whether an officer of the Department within the meaning of the Conservation, Forests and Lands Act 1987 or not) to use any equipment or substance the use of which is prohibited by or under this Act to capture wildlife for examination, study, investigation, transfer or release elsewhere or for the purpose of stocking any zoo, public gardens, exhibition, experimental farm, or wildlife farm or eradicating any wildlife causing damage to crops or property.

(2) The Minister may cancel any authority given under subsection (1) by notice in writing sent by post to the holder of the authority.

31 Persons acting under authority not guilty of offence

Notwithstanding anything to the contrary in this Act or the regulations any person who uses any equipment or substance or who captures or is in possession of or destroys wildlife under and in accordance with an authority given by the Minister under section 30 shall not with respect to such use, possession, or destruction be guilty of any offence against this Act or the regulations.

Part V—Wildlife Management Co‑operative
Areas, prohibited areas, and sanctuaries

32 Wildlife Management Co-operative Areas

S. 32(1) amended by No. 87/1997
item 19(a)).

(1) The Governor in Council on the recommendation of the Minister by Order published in the Government Gazette may declare any locality to be a Wildlife Management Co-operative Area for every kind or taxon of wildlife specified in the Order for the period of time specified in the Order.

S. 32(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.35), 46/1998
s. 7(Sch. 1).

(2) An Order shall not be made under subsection (1) in respect of any private land unless the owner or occupier thereof has first applied to the Minister in writing for such land to be declared a Wildlife Management Co-operative Area and the Minister has caused not less than one month's notice of intention to make the Order to be published in some newspaper circulating generally in the locality and in respect of any lands of the Crown unless the Minister has first consulted with the Minister administering the Water Act 1989.

S. 32(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.34), 87/1997
item 19(b)
(i)(ii)), 24/2014 s. 45(1), 19/2018 s. 241(1).

(3) In respect of land declared under subsection (1) to be a Wildlife Management Co-operative Area the Secretary, Parks Victoria or the Game Management Authority (as appropriate) may prepare a scheme of operations the objects of which shall be the management, study, control of hunting, or preservation, of the kinds or taxon of wildlife specified in the Order or which exists in the area and the maintenance, restoration or improvement of the wildlife habitat thereon and such scheme, when approved by the Minister, shall be the working plan for the Wildlife Management Co‑operative Area to which it relates.

S. 32(4) amended by Nos 9505 s. 9(a), 41/1987 s. 103(Sch. 4 item 76.34), 87/1997
item 19(c)), 24/2014 s. 45(2), 19/2018 s. 241(1).

(4) The working plan for any Wildlife Management Co-operative Area may be prepared in consultation between the Secretary, Parks Victoria or the Game Management Authority, interested organizations, and the owner or occupier of any lands which pursuant to the provisions of this section have been declared to be a Wildlife Management Co‑operative Area and upon the owner or occupier of such lands consenting to the working plan, the working plan shall be submitted to the Minister for approval, and when approved by the Minister shall bind the land to which it relates for the period specified in the Order and in the case of private land may be enforced against any owner or occupier for the time being as if it were an agreement in writing executed by him.

S. 32(5) amended by Nos 41/1987 s. 103(Sch. 4 item 76.36), 24/2014 s. 45(3), 19/2018 s. 241(2).

(5) The plan may contain provisions requiring the involvement and participation of officers of the Department, Parks Victoria or the Game Management Authority with such interested organizations, owners or occupiers for the carrying out of works or of any act or operation in furtherance of the objects of the working plan.

S. 32(6) amended by No. 9505 s. 9(b).

(6) A working plan may, with the consent of the owner or occupier of any lands to which the working plan relates to the proposed amendments being first obtained and the approval in writing of the Minister, be amended from time to time and thereafter the working plan as so amended shall be the working plan for the Wildlife Management Co-operative Area to which it relates.

S. 32(7) amended by Nos 41/1987 s. 103(Sch. 4 item 76.37), 24/2014 s. 45(4).

(7) Any dispute arising with respect to a working plan under this section between the Department or the Game Management Authority and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final.

33 Prohibited areas

S. 33(1) amended by No. 87/1997
s. 42(Sch. item 20(a)).

(1) The Governor in Council may by Order published in the Government Gazette declare the habitat of any taxon of wildlife existing on any lands of the Crown to be a prohibited area during any period or periods of the year specified in the Order.

S. 33(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.39), 46/1998
s. 7(Sch. 1).

(2) Before any such Order is made the Minister shall consult with the Minister administering the Water Act 1989 and shall cause to be published in the Government Gazette not less than one month's notice of intention to make the Order.

S. 33(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.38), 87/1997
item 20(b)).

(3) The Secretary shall forthwith cause notice of the making of any such Order to be published in some newspaper circulating in the locality of those lands and shall cause notice of the Order to be exhibited at every gateway to those lands and upon public notice boards in the locality.

S. 33(4) amended by Nos 41/1987 s. 103(Sch. 4 item 76.38), 70/1990 s. 12(1)(c), 87/1997
item 20(c)).

(4) Any person who knowingly enters into or takes a vehicle or boat into or upon a prohibited area within the meaning of subsection (1) without first obtaining the authority in writing of the Secretary shall be guilty of an offence against this Act.

(5) Any dispute arising with respect to a proposal for a prohibited area under this section shall be determined by the Governor in Council whose decision thereon shall be final.

34 Wildlife sanctuaries

(1) The Governor in Council may by Order published in the Government Gazette declare any area of land or water or of land and water (whether inland waters or coastal waters) to be a wildlife sanctuary for the purposes of this Act.

S. 34(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.40), 87/1997
item 21(a)).

(2) An Order shall not be made under subsection (1) in respect of any private land unless the owner or occupier thereof has first applied to the Minister in writing for such land to be declared a wildlife sanctuary or in respect of any lands of the Crown unless the Minister has first consulted with the Minister administering the Water Act 1989 and in either case the Minister has caused to be published in some newspaper circulating generally in the locality not less than one month's notice of intention to make the Order.

(3) Any dispute arising with respect to a proposal for a wildlife sanctuary under this section shall be determined by the Governor in Council whose decision thereon shall be final.

S. 34(4) amended by Nos 41/1987 s. 103(Sch. 4 item 76.41), 87/1997
item 21(b)).

(4) The Secretary shall cause notices to be erected on or near the principal roads having access to wildlife sanctuaries declared under this section advising persons using the road that they are entering or passing or are adjacent to (as the case requires) a wildlife sanctuary within the meaning of this section.

35 Offences in relation to wildlife sanctuaries

S. 35(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.42), 70/1990 s. 12(1)(b).

(1) Any person who takes or destroys wildlife in or upon a sanctuary shall be guilty of an offence against this Act.

S. 35(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.43), 70/1990 s. 12(1)(c), 87/1997
item 22).

(2) Any person who without the authority in writing of the Secretary hunts or wilfully disturbs wildlife in or upon a sanctuary shall be guilty of an offence against this Act.

Pt 6 (Heading and ss 36–40) amended by Nos 41/1987
s. 103(Sch. 4 items
76.44–76.47), 70/1990
s. 12(1)(e)(g), repealed by No. 52/1994 s. 97(Sch. 3 item 36.2).

Part VII—Offences

S. 41 (Heading) inserted by No. 45/2008 s. 6(1).

S. 41 amended by No. 70/1990
ss 4(2), 12(1)(h)(i)(ii), substituted by No. 87/1997

41 Hunting, taking or destroying threatened wildlife

S. 41(1) amended by No. 45/2008 s. 6(2).

(1) A person must not hunt, take or destroy, threatened wildlife.

1. 240 penalty units or 24 months imprisonment or both the fine and imprisonment and an additional penalty of 20 penalty units for every head of wildlife in respect of which an offence has been committed.

S. 41(2) substituted by No. 45/2008 s. 6(3).

(a) who holds a licence or authorisation that authorises the hunting, taking or destroying of threatened wildlife, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the hunting, taking or destroying of threatened wildlife, when that person is acting in accordance with the order.

S. 42 amended by No. 70/1990
ss 4(2), 12(1)(i)(i)(ii), substituted by No. 87/1997
s. 14, repealed by No. 45/2008 s. 7.

S. 43 amended by Nos 9505
s. 10,
70/1990
ss 4(2), 12(1)(j)(i)(ii), substituted by No. 87/1997

43 Hunting, taking or destroying protected wildlife

(1) A person must not hunt, take or destroy other protected wildlife.

1. 50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of wildlife in respect of which an offence has been committed.

S. 43(2) substituted by No. 45/2008 s. 8(1).

(a) who holds a licence or authorisation that authorises the hunting, taking or destroying of other protected wildlife, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the hunting, taking or destroying of other protected wildlife, when that person is acting in accordance with the order.

S. 43(3) amended by No. 45/2008 s. 8(2).

(3) In this section other protected wildlife means protected wildlife which is not threatened wildlife or game.

S. 43A inserted by No. 70/1990 s. 8,
repealed by No. 87/1997

S. 44 substituted by No. 9505 s. 11, amended by Nos 90/1989
s. 14(d), 70/1990
s. 6(1)(h)(i)(ii)
(i)(10)(a)–(c), substituted by No. 87/1997

44 Hunting, taking or destroying game

S. 44(1) amended by No. 11/2014 s. 19(1).

(1) During a close season for a taxon of game a person must not hunt, take or destroy any game of that taxon of game.

1. 50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of game in respect of which an offence has been committed.

S. 44(2) substituted by No. 45/2008 s. 9(1).

(a) who holds an authorisation that authorises the hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the order.

S. 44(3) amended by No. 11/2014 s. 19(2).

(3) During an open season for a taxon of game a person must not hunt, take or destroy game of that taxon of game.

S. 44(4) substituted by No. 45/2008 s. 9(2).

(4) Subsection (3) does not apply to a person—

(a) who holds a licence or authorisation that authorises the hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the order.

S. 45 (Heading) inserted by No. 45/2008 s. 10(1).

S. 45 amended by No. 70/1990 s. 12(1)(k)
(i)–(iii), substituted by No. 87/1997

45 Acquiring etc. threatened wildlife

S. 45(1) amended by No. 45/2008 s. 10(2).

(1) A person must not buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on threatened wildlife.

1. 240 penalty units or 24 months imprisonment or both the fine and imprisonment and an additional penalty of 20 penalty units for every head of wildlife in respect of which an offence has been committed.

S. 45(2) substituted by No. 45/2008 s. 10(3).

(a) who holds a licence or authorisation that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on threatened wildlife, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on threatened wildlife, when that person is acting in accordance with the order.

S. 46 amended by Nos 41/1987 s. 103(Sch. 4 item 76.48), 70/1990 s. 12(1)(l), substituted by No. 87/1997
s. 14,
repealed by No. 45/2008 s. 11.

S. 47 amended by No. 70/1990
s. 12(1)(m), substituted by No. 87/1997

47 Acquiring etc. protected wildlife

(1) A person must not buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on other protected wildlife.

1. 50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of wildlife in respect of which an offence has been committed.

S. 47(2) substituted by No. 45/2008 s. 12(1).

(a) who holds a licence or authorisation that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the order.

S. 47(3) amended by No. 45/2008 s. 12(2).

(3) In this section other protected wildlife means protected wildlife which is not threatened wildlife.

S. 47A (Heading) inserted by No. 45/2008 s. 13(1).

S. 47A inserted by No. 87/1997
s. 14, amended by No. 45/2008 s. 13(2).

47A Exemptions from certain sections

Sections 41, 43, 44, 45 and 47 do not apply to any person or class of persons exempted by the regulations from the operation of all or any of the sections.

S. 47B inserted by No. 87/1997
s. 14,
repealed by No. 45/2008 s. 14, new s. 47B inserted by No. 62/2010 s. 136, amended by No. 4/2013 s. 35(2), repealed by No. 67/2016 s. 36(2).

S. 47C inserted by No. 87/1997

47C Employees of licence holders

S. 47C(1) amended by No. 45/2008 s. 15.

(1) Sections 41, 43, 45 and 47 do not apply to the taking, destroying, buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing or displaying of or taking samples from or experimenting on any taxon of wildlife by an employee of the holder of a licence if that taking, destroying, buying, selling, acquiring, receiving, disposal, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on is in accordance with the licence and this Act.

(2) If an employee of the holder of a licence engages in conduct on behalf of the licence holder within the scope of the employee's actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct.

S. 47D inserted by No. 87/1997

47D Wildlife unlawfully taken

(1) A person must not have wildlife in his or her possession or control if that wildlife has been taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed in contravention of this Act or any corresponding law of another State or a Territory of the Commonwealth.

1. 240 penalty units or 24 months imprisonment or both.

(2) It is a defence to a charge brought under subsection (1) against a person to prove that the person took reasonable steps to ascertain and reasonably believed that the wildlife was not unlawfully taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed.

S. 47E inserted by No. 87/1997
s. 14, amended by No. 45/2008 s. 16.

47E Exemption from definition of prohibited person in Firearms Act 1996

Despite anything to the contrary in the Firearms Act 1996, a person, in relation to whom not more than 12 months have expired since that person was found guilty by a court of an offence against section 41, 43 or 44(1), is deemed not to be a prohibited person (within the meaning of that Act) unless the Court, upon that finding of guilt, imposed a term of imprisonment (within the meaning of that Act).

S. 48 amended by Nos 9412
s. 4(2), 70/1990 s. 12(1)(a), substituted by No. 87/1997

48 Offence for dogs or cats to attack etc. wildlife

(1) If a dog or cat rushes at, attacks, bites, worries or chases wildlife while at large on public land, the owner is guilty of an offence and liable, upon conviction, to a penalty of not more than 25 penalty units.

(2) Subsection (1) does not apply to dogs pursuing game birds or sambar deer in accordance with regulations made under this Act.

(3) An authorised officer may destroy any dog or cat found in circumstances in which the authorised officer reasonably believes that an offence under this section is being committed.

S. 48A inserted by No. 87/1997

48A Seizure of dogs or cats

(1) An authorised officer may seize a dog or cat which is found at large on any public land which is—

(a) a Nature Reserve or a State Wildlife Reserve; or

(b) a Wildlife Management Co-operative Area or a wildlife sanctuary established under Part V; or

(c) any other area prescribed for the purposes of this section.

(2) If reasonable attempts have been made to seize a dog or cat found at large in circumstances in which subsection (1) applies, and the dog or cat has not been seized, an authorised officer may destroy the dog or cat.

(3) An authorised officer who seizes a dog or cat must, as soon as is reasonably possible, deliver it to an authorised officer of the Council of the municipal district in which the animal is found.

S. 48B inserted by No. 87/1997

48B Owner to be notified

(1) If the owner of a dog or cat which has been delivered to the authorised officer of a Council under section 48A is able to be identified from a marker attached to or implanted in the animal's body, the Council must notify the owner of the seizure of the animal.

(2) A notice under this section must be in writing and must be delivered either personally or by post within 4 days after the animal is seized.

S. 48C inserted by No. 87/1997

48C Recovery or disposal of animal

(1) The owner of a dog or cat which has been seized under section 48A may recover that animal if he or she pays the amount fixed by the Council within 8 days of the seizure of that animal.

(2) If the dog or cat is not recovered by its owner within 8 days of seizure, the Council may sell or destroy it.

49 Power to make Order prohibiting possession etc. of certain wildlife

S. 49(1) amended by No. 87/1997

(1) Where it appears to the Governor in Council to be desirable in the public interest for ensuring the survival of any kind or taxon of wildlife indigenous to Victoria, for maintaining the identity or distinctive characteristics of any kind or taxon of wildlife indigenous to Victoria, or for preventing the introduction or spread of disease among wildlife the Governor in Council may by Order published in the Government Gazette—

S. 49(1)(a) amended by No. 87/1997

(a) prohibit or regulate the keeping or possession in Victoria or in any part or parts of Victoria of any kind or taxon of wildlife specified in the Order;

S. 49(1)(b) amended by No. 87/1997

(b) prohibit or regulate the transportation abandonment, or release in Victoria or in any part or parts of Victoria of any kind or taxon of wildlife specified in the Order;

S. 49(1)(c) amended by No. 41/1987 s. 103(Sch. 4 item 76.49).

(c) authorize the seizure and disposal of any wildlife found kept in contravention of any Order made under this section or abandoned or released from captivity or confinement and believed by an authorised officer on reasonable grounds to be at large;

(d) require the placing of wildlife in quarantine for such periods, at such premises and under such conditions as are expedient for preventing the spread of disease; and

(e) subject wildlife to such restrictions or remedial measures as are necessary to prevent the introduction and spread of disease.

S. 49(2) amended by No. 70/1990 s. 12(1)(e).

(2) Any person who has in his possession or releases from captivity or confinement any wildlife contrary to the provisions of any Order made under this section shall be guilty of an offence against this Act.

S. 50 amended by No. 41/1987 s. 103(Sch. 4 item 76.50), substituted by No. 70/1990 s. 9.

50 Import and export permits

S. 50(1) amended by No. 87/1997
ss 16(1),
42(Sch.
item 25(a)).

(a) import wildlife into Victoria from another State or Territory of the Commonwealth; or

(b) export wildlife from Victoria to another State or Territory of the Commonwealth—

without a permit issued by the Secretary.

S. 50(1A) inserted by No. 87/1997
s. 16(2).

(1A) Subsection (1) does not apply to wildlife and wildlife products prescribed for the purposes of this section.

S. 50(2) amended by No. 87/1997
ss 16(3), 42(Sch. item 25(b)(i)).

(2) If an applicant seeks a permit, the Secretary must grant the permit if the Secretary is satisfied, on the basis of information provided by the applicant, that—

(a) each item of wildlife to which the application relates—

(i) was lawfully obtained; and

(ii) is lawfully kept; and

(iii) in the case of the proposed import from another State or Territory into Victoria, may be lawfully moved from that State or Territory; and

(b) the proposed import or export of wildlife will not pose a risk to the health or safety of any person or livestock or prejudice the conservation of protected wildlife in Victoria; and

(c) each item of wildlife to which the application relates may lawfully be the object of trade in the State or Territory from which the wildlife is to be imported or the State or Territory to which the wildlife is to be exported; and

S. 50(2)(d) amended by No. 87/1997
item 25(b)(ii)).

(d) the proposed export from Victoria of the wildlife to which the application relates will not adversely affect the population in the wild of the kind or taxon of wildlife to be exported; and

S. 50(2)(e) amended by No. 87/1997
item 25(b)(iii)).

(e) in the case of the proposed import of wildlife from another State or Territory, the bringing into or keeping in Victoria of the kind or taxon of wildlife to which the application relates is not contrary to the law of Victoria or of the State or Territory or the circumstances under which that wildlife is proposed to be kept in Victoria are not contrary to the law of Victoria or of the State or Territory; and

(f) no person in Victoria who is concerned in the import or export of the wildlife to which the application relates is at the time of the application subject to suspension of or cancellation of or disqualification from holding a licence, permit or authority pursuant to section 70.

S. 50(3) amended by No. 87/1997
item 25(c)).

(3) A person seeking the issue of a permit must apply to the Secretary in the prescribed manner.

(4) An application under subsection (3) must be accompanied by the prescribed fee (if any).

S. 50(5) inserted by No. 87/1997
s. 16(4).

(5) A permit is subject to any conditions, limitations or restrictions imposed on that permit by the Secretary.

S. 50(6) inserted by No. 87/1997
s. 16(4).

(6) A person to whom a permit under this section has been granted must comply with the conditions, limitations and restrictions of that permit.

S. 51 amended by Nos 41/1987 s. 103(Sch. 4 item 76.51), 70/1990 s. 12(1)(n), 87/1997
ss 17(1)(2) (ILA s. 39B(1)).

51 Marking protected wildlife

S. 51(1) amended by Nos 87/1997
s. 42(Sch. item 26), 45/2008 s. 17(1).

(1) Any person who marks protected wildlife by means of a ring, band, dye, or other means whatsoever shall be guilty of an offence against this Act.

S. 51(1A) inserted by No. 45/2008 s. 17(2).

(1A) Subsection (1) does not apply to a person—

(a) who holds a licence or authorisation that authorises the person to handle and mark the wildlife, when that person is acting in accordance with the licence or authorisation; or

(b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the handling and marking of the wildlife, when that person is acting in accordance with the order.

S. 51(2) inserted by No. 87/1997
s. 17(2), substituted by No. 45/2008 s. 17(3).

(2) A person must not interfere with a mark which has been placed on protected wildlife in accordance with this Act.

S. 51(3) inserted by No. 45/2008 s. 17(3).

(3) Subsection (2) does not apply to—

(a) an authorised officer who is acting in the course of his or her duties; or

(b) a person who holds a licence or authorisation that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the licence or authorisation; or

(c) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the order.

S. 52 amended by Nos 41/1987 s. 103(Sch. 4 item 76.52), 70/1990 s. 12(1)(e), 87/1997
s. 42(Sch. item 27(a)(b)).

52 Release of birds and animals from captivity or confinement

No person shall without first obtaining the consent in writing of the Secretary wilfully abandon or release from captivity or confinement in circumstances which makes recovery impossible or uncertain any wildlife or any animal of a taxon proclaimed by the Governor in Council by proclamation published in the Government Gazette to be a taxon to which this section applies.

S. 53 amended by Nos 41/1987 s. 103(Sch. 4 item 76.53), 70/1990 s. 12(1)(c), 87/1997
item 28).

53 Use of prohibited equipment

Any person who has in his possession without the authority in writing of the Secretary in or upon or adjacent to any lake, swamp, marsh, sanctuary, or State Wildlife Reserve or uses in taking or hunting wildlife any snare, trap, net, gun, or substance the use of which is prohibited by or under this Act in connexion with the taking of wildlife shall be guilty of an offence against this Act.

54 Killing wildlife by poison

S. 54(1) amended by Nos 70/1990 s. 12(1)(o), 87/1997
s. 18.

(1) Any person who kills, destroys, takes or injures wildlife by any bait impregnated with poison or any substance, whether liquid, solid, or gaseous, which is prescribed to be a poison for the purposes of this section or lays any such poison or substance with intent to kill, destroy, take, or injure wildlife shall be guilty of an offence against this Act.

S. 54(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.54), 52/1994
s. 97(Sch. 3 item 36.3), 87/1997
item 29(a)(b)).

(2) The provisions of subsection (1) shall not apply to the Secretary or the Secretary's servants or agents with respect to the use of poisons for eradicating pest animals on any lands, or to any landholder using poison on and adjacent to his land for the purpose of eradicating any wildlife which has been declared by Order of the Governor in Council under the Land Act 1958 to be vermin nor to any person acting under and in accordance with the authority of the Minister given under this Act.

S. 55 amended by Nos 41/1987 s. 103(Sch. 4 item 76.55), 70/1990 s. 12(1)(g), 87/1997
item 30).

55 Using bird-lime etc.

Any person who without the authority in writing of the Secretary uses any glue, adhesive material, bird-lime or any similar viscid substance for or in connexion with the taking or restraining of wildlife shall be guilty of an offence against this Act.

56 Punt guns

S. 56(1) amended by No. 70/1990 s. 12(1)(a), substituted by No. 48/2016 s. 22(1).

(a) use a punt gun in hunting or taking wildlife; or

(b) possess a punt gun when hunting or taking wildlife.

Penalty: 50 penalty units.

(2) A gun or weapon shall be taken to be a punt gun which has—

(a) a barrel exceeding 107 centimetres in length;

(b) a single barrel exceeding 3·75 kilograms in weight or having a double barrel exceeding 6·50 kilograms in weight;

S. 56(2)(c) amended by No. 48/2016 s. 22(2)(a).

(c) a bore of greater size than the calibre now known as 10 bore or gauge;

(d) a weight exceeding 7·50 kilograms;

S. 56(2)(e) amended by No. 48/2016 s. 22(2)(b).

(e) more than 3 barrels;

(f) has been constructed or adapted to be operated otherwise than by being raised at arm's length and fired without other support from the shoulder; or

(g) a combination of more than two guns temporarily or permanently secured together.

S. 56(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.56), 87/1997
item 31), repealed by No. 48/2016 s. 22(3).

S. 57 amended by No. 70/1990 s. 12(1)(a).

57 Interference with signs etc.

Any person who removes, obliterates, damages, obscures, alters, or otherwise interferes with—

(a) any mark, sign, or device attached to wildlife for the purposes of this Act so as to prevent its use for the purposes of this Act;

(b) any equipment, trap, or net being used in any scientific study or investigation under this Act; or

(c) any notice erected for the purposes of this Act—

S. 58 (Heading) inserted by No. 45/2008 s. 18(1).

S. 58 amended by Nos 70/1990 s. 12(1)(g),
s. 19(2) (ILA
s. 39B(1).

58 Molesting and disturbing etc. protected wildlife

(1) Any person who—

S. 58(1)(a) substituted by No. 87/1997
s. 19(1).

(a) wilfully molests or injures protected wildlife or wilfully causes protected wildlife to be molested or injured;

S. 58(1)(b) substituted by No. 87/1997
s. 19(1).

(b) wilfully disturbs, chases or herds protected wildlife or wilfully causes protected wildlife to be disturbed, chased or herded;

(c) wilfully separates protected wildlife from its young or causes it to be so separated—

S. 58(2) inserted by No. 87/1997
s. 19(2), substituted by No. 45/2008 s. 18(2).

(a) who is disturbing wildlife or causing wildlife to be disturbed—

(i) who holds an authorisation under section 28A(1) that authorises the person to disturb wildlife or cause wildlife to be disturbed, when that person is acting in accordance with the authorisation; or

(ii) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the disturbing of wildlife or the causing of wildlife to be disturbed, when that person is acting in accordance with the order; or

(b) who holds any other authorisation or a licence under this Act that authorises the person to—

(i) wilfully molest or injure protected wildlife or wilfully cause protected wildlife to be molested or injured; or

(ii) wilfully disturb, chase or herd protected wildlife or wilfully cause protected wildlife to be disturbed, chased or herded; or

(iii) wilfully separate protected wildlife from its young or cause it to be so separated—

when that person is acting in accordance with that authorisation or licence.

S. 58A inserted by No. 87/1997

58A Keeping false records

If a person, who is the holder of a licence, permit or authorisation under this Act, is required by or under this Act or the terms of that licence, permit or authorisation to make or keep records, that person must not knowingly make or keep records that are inaccurate or false.

1. 120 penalty units.

S. 58B inserted by No. 87/1997

58B Providing false information

A person must not in or in connection with an application for a licence, permit or authorisation under this Act give false or misleading information.

1. 120 penalty units.

S. 58C inserted by No. 87/1997

58C Offence for certain persons to enter on or remain in specified hunting area

S. 58C(1) substituted by No. 11/2014 s. 20.

(1) A person must not enter on or remain in any specified hunting area at any of the following times—

(a) from the beginning of the first day of an open season for ducks until 10 a.m. of that day;

(b) from 2 hours before sunset of each day of an open season for ducks (other than the last day) until 10 a.m. of the following day;

(c) from 2 hours before sunset of the last day of an open season for duck until 30 minutes after sunset of that day;

(d) at any other time in any open season for ducks that is specified in regulations made under subsection (2).

S. 58C(1A) inserted by No. 11/2014 s. 20.

(1A) Subsection (1) does not apply to a person who—

(a) is the holder of—

S. 58C
(1A)(a)(i) amended by No. 22/2022 s. 194.

(i) a game licence that allows the hunting, taking or destroying of game that is waterfowl; and

(ii) a longarm licence under the Firearms Act 1996; or

S. 58C(1A)(b) repealed by No. 67/2016 s. 36(2).

S. 58C(1A)(c) amended by No. 37/2014 s. 10(Sch. item 184.3).

(c) is an authorised officer or a police officer acting in the course of his or her duty; or

S. 58C(1A)(d) amended by No. 24/2014 s. 46.

(d) is acting in accordance with the authorisation of the Game Management Authority.

(2) The Governor in Council may make regulations—

(a) declaring any area to be a specified hunting area; and

(b) specifying the times during which entry onto the area or remaining in the area is prohibited for the purposes of subsection (1).

S. 58D inserted by No. 87/1997
s. 20, amended by No. 11/2014 s. 21.

58D Offence to approach a person who is hunting

During an open season for duck, a person must not approach to within a distance of 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area unless the person who so approaches—

(a) is hunting or taking game birds from the same boat, the same hide or blind or the same natural cover as the other person; or

(b) is supervising the other person in hunting or taking game birds; or

S. 58D(c) amended by No. 37/2014 s. 10(Sch. item 184.4).

(c) is an authorised officer or a police officer acting in the course of his or her duty; or

S. 58D(d) amended by No. 24/2014 s. 47.

(d) is acting in accordance with the authorisation of the Game Management Authority.

S. 58E inserted by No. 87/1997
s. 20, amended by No. 11/2014 s. 22.

58E Hindering or obstructing hunting

A person must not interfere with, harass, hinder or obstruct a person who is engaged in hunting or taking game in accordance with this Act.

Pt 7A (Headings and ss
58F–58R) inserted by No. 11/2014 s. 23.

Part VIIA—Banning notices and exclusion orders

Division 1—Interpretation

S. 58F inserted by No. 11/2014 s. 23.

58F Meaning of specified offence

In this Part, specified offence means—

(a) an offence against section 58C or 58D; or

(b) an offence against section 58E that occurs in a specified hunting area.

Division 2—Banning notices

S. 58G inserted by No. 11/2014 s. 23.

58G Issue of banning notice

S. 58G(1) amended by No. 37/2014 s. 10(Sch. item 184.5(a)).

(1) Subject to this section, an authorised officer or a police officer who suspects on reasonable grounds that a person has committed or is committing a specified offence may give the person a notice banning the person from any or all specified hunting areas—

(a) for the period specified in the notice; and

(b) for the times specified in the notice.

(2) The period specified in the banning notice must not exceed the remaining period of the open season for duck as at the date on which the notice is given.

S. 58G(3) amended by No. 37/2014 s. 10(Sch. item 184.5(b)).

(3) An authorised officer or a police officer must not give a banning notice to a person unless the authorised officer or police officer—

(a) believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from—

(i) continuing to commit the specified offence; or

(ii) committing a further specified offence (whether in the same or another specified hunting area); or

(b) believes on reasonable grounds that the continuation of the commission of the specified offence—

(i) may involve or give rise to a risk to the safety of any person; or

(ii) may hinder or obstruct a person who is engaged in hunting or taking game in accordance with this Act.

S. 58G(4) amended by No. 37/2014 s. 10(Sch. item 184.5(c)).

(4) An authorised officer or a police officer, before giving a banning notice, must produce—

(a) in the case of an authorised officer, evidence of his or her identity; or

S. 58G(4)(b) amended by No. 37/2014 s. 10(Sch. item 184.5(c)).

(b) in the case of a police officer, proof of his or her identity and official status (unless he or she is in uniform).

(5) No more than one banning notice may be given to a person in respect of the same specified offence in the same specified hunting area.

(6) A banning notice may be given to a person who is already subject to a banning notice if the subsequent notice is given in respect of another specified offence.

S. 58H inserted by No. 11/2014 s. 23.