Wildlife (State Game Reserves) Regulations 2024 (Victoria)

Mechanically, the Wildlife (State Game Reserves) Regulations 2024 (S.R. No. 123/2024) establishes a framework for managing State Game Reserves under the authority of section 87 of the Wildlife Act 1975 (regulation 2). The instrument commenced 30 October 2024 (regulation 3) and contains prescriptive prohibitions, permitting powers for land managers, sign‑posting and publication requirements, administrative procedures for permits and cancellations, and a schedule of specific reserves and pest species where particular hunting activities are authorised (Schedules 1-4). It creates a set of discrete offences with penalty unit values attached (multiple regs provide penalties ranging from 5 to 20 penalty units) and prescribes enforcement mechanisms for authorised officers, including directions to leave reserves (regulation 16), powers to require dismantling of blinds or tree stands (regulation 58) and to take necessary action where directions are not obeyed (regulation 58(2)).

The stated objectives are to provide for management of State Game Reserves, preservation of wildlife and habitat, regulation of hunting and control of specified pest animals, and visitor safety and recreation (regulation 1). The Regulations operationalise those objectives by: (a) limiting access to particular areas (Part 3, regs 14-18) and empowering land managers to set aside prohibited or restricted access areas (regulation 14); (b) imposing a general prohibition against interfering with animals and nests (regulation 19) but carving out specific, time‑ and place‑limited exceptions for licensed hunters and traditional owner group members (regulation 19(3) and regulation 7); (c) broadly prohibiting many classes of animals, devices and activities (Parts 5-6, 7, 8) while enabling permits to authorise exceptions; and (d) setting administrative rules for permits (Division 2, regs 11-13) and for determinations that set areas aside (Division 1, regs 8-10).

Version No. 001

Wildlife (State Game Reserves) Regulations 2024

S.R. No. 123/2024

Version as at
30 October 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

Division 1—General 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Division 2—Application of Regulations 5

5 Application of Regulations to parties to certain agreements etc. 5

6 Persons to whom offences under these Regulations do not apply 5

7 Exemptions for members of a traditional owner group 6

Part 2—Common provisions for determinations and permits 10

Division 1—Determinations 10

8 Determinations setting areas aside 10

9 Offence not to comply with conditions of determinations setting areas aside 11

10 Signs and notices 12

Division 2—Permits 13

11 Issuing of permits 13

12 Cancellation of permits 13

13 Offence not to comply with a permit 14

Part 3—Access to reserves 15

14 Areas where access is prohibited or restricted 15

15 Offence to enter prohibited or restricted access area 16

16 Direction to leave reserve 16

17 Failure to comply with direction to leave reserve 16

18 Gates 16

Part 4—Protection of animals 17

19 Interfering with animals 17

20 Feeding animals restricted 19

21 Fishing 20

Part 5—Restrictions on animals in reserves 21

Division 1—Restrictions on animals other than dogs or horses 21

22 Animals other than dogs or horses prohibited except in specified circumstances 21

Division 2—Restrictions on dogs 21

23 Dogs prohibited except in specified circumstances 21

24 Gundogs 22

25 Dog faeces 23

26 Areas for dogs 24

Division 3—Restrictions on horses 24

27 Horses prohibited except in specified circumstances 24

28 Areas for horses 24

Division 4—Animals at large 25

29 Person who has care and control of animal must keep animal under immediate control 25

Part 6—Use of hunting equipment in reserves 26

30 Possession, use and carriage of poisons 26

31 Possession, use and carriage of traps 26

32 Possession or carriage of firearms, bows or crossbows 27

33 Use of firearms, bows or crossbows 29

Part 7—Protection of natural features 31

34 Protection of flora 31

35 Areas for cutting and taking away fallen and felled trees as firewood 32

36 Introducing or planting flora 32

37 Damaging, defacing, removing or otherwise interfering with rocks 33

Part 8—Recreation, safety and amenity 34

38 Tower Hill State Game Reserve 34

39 Noisy devices or equipment 34

40 Engaging in sport or recreational activity 35

41 Organised events 36

42 Rallies, festivals and public meetings 36

43 Demonstrations and training classes 37

44 Commercial activities 37

45 Advertising material 38

46 Commercial filming 38

Part 9—Camping and camp fires 39

47 Areas where camping is prohibited 39

48 Restrictions on camping 39

49 Lighting, kindling or maintaining fires 40

50 Use of soaps and detergents 41

51 Hygiene 41

Part 10—Vessels and aircraft 42

52 Vessels 42

53 Aircraft 42

Part 11—Buildings, structures, blind or hides and tree stands 44

Division 1—Buildings and structures 44

54 Offence to occupy buildings and other structures 44

55 Offence to construct or erect buildings etc. or use a water pump 44

Division 2—Blind or hides and tree stands 46

56 Areas where blind or hides or tree stands are prohibited 46

57 Requirements for the use and construction of blind or hides or tree stands 46

58 Requirement to dismantle blinds or hides or tree stands 47

59 Offence to disobey a direction to dismantle blind or hide or tree stands 48

Schedule 1—State Game Reserves where hunting Hog Deer is permitted 49

Schedule 2—State Game Reserves where hunting Stubble Quail is permitted 50

Schedule 3—State Game Reserves where hunting Sambar Deer is permitted 51

Schedule 4—Specified pest animals 52

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Endnotes 53

1 General information 53

2 Table of Amendments 55

3 Explanatory details 56

Version No. 001

Wildlife (State Game Reserves) Regulations 2024

S.R. No. 123/2024

Version as at
30 October 2024

Part 1—Preliminary

Division 1—General

1 Objectives

The objectives of these Regulations are to provide for—

(a) the management of State Game Reserves; and

(b) the preservation of wildlife and wildlife habitat within State Game Reserves; and

(d) the safety, enjoyment and recreation of visitors to State Game Reserves.

2 Authorising provision

These Regulations are made under section 87 of the Wildlife Act 1975.

3 Commencement

These Regulations come into operation on 30 October 2024.

4 Definitions

In these Regulations—

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

animal means any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

assistance dog has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;

blind or hide means a temporary artificial structure, shelter or cover (other than a tree stand) erected for the purpose of concealment to facilitate the hunting, watching or taking of wildlife;

camp means to do any of the following for accommodation purposes, whether occupied or not—

(a) erect, occupy or use a tent, tarpaulin or any form of accommodation, shelter or temporary structure;

(b) use a swag or sleeping bag;

(c) leave in a reserve a vehicle, vessel or other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

fallen or felled trees has the same meaning as in section 21AA(4) of the Act;

firewood means dead plant material not attached to a standing plant, shrub or tree;

fish has the same meaning as in section 5(1) of the Fisheries Act 1995;

flora has the same meaning as in section 3(1) of the Flora and Fauna Guarantee Act 1988;

game bird means any taxon of bird listed in Schedule 10 to the Wildlife (Game) Regulations 2024[1];

game duck means any species of waterfowl specified in Part 2 of Schedule 10 to the Wildlife (Game) Regulations 2024;

gundog means any dog from a breed listed in Part 1 of Schedule 4 to the Wildlife (Game) Regulations 2024;

levee maintenance permit has the same meaning as in section 3(1) of the Water Act 1989;

litter has the same meaning as in section 112 of the Environment Protection Act 2017;

motorised wheelchair means a wheelchair propelled by a motor that is—

(a) capable of a speed of not more than 10 kilometres per hour; and

(b) designed solely for the conveyance of a person with mobility difficulties;

prohibited access area means an area set aside by the land manager under regulation 14(1)(a);

reserve means a State Wildlife Reserve that has been further classified as a State Game Reserve under section 15(2) of the Act;

restricted access area means an area set aside by the land manager under regulation 14(1)(b);

shotgun means a firearm used for the purpose of hunting, taking or destroying game ducks that has a gauge that is not greater than 12;

specified pest animal means any species of animal set out in Schedule 4;

take has the same meaning as in regulation 5 of the Wildlife (Game) Regulations 2024;

the Act means the Wildlife Act 1975;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;

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

tree stand means a portable platform used to hunt, watch or take wildlife;

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal‑powered vehicle, trailer, tram car and air‑cushion vehicle but does not include any of the following—

(a) a railway locomotive or railway rolling stock;

(b) an aircraft;

(c) a wheelchair or other non-motorised device designed solely for the conveyance of a person with mobility difficulties;

(d) a motorised wheelchair;

(e) a pram, stroller or other non-motorised device designed or used for the conveyance of children.

Division 2—Application of Regulations

5 Application of Regulations to parties to certain agreements etc.

A person acting under and in accordance with the terms and conditions of any agreement entered into under the Act, or a lease or licence granted over or in relation to a reserve under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978, is not subject to these Regulations to the extent that the activities authorised by that agreement, lease or licence are inconsistent with these Regulations.

6 Persons to whom offences under these Regulations do not apply

These Regulations do not apply to a person who—

(a) is acting as a servant of the Crown; or

(b) is acting under and in accordance with a contract with—

(i) the Crown; or

(ii) a person who is a servant or an agent of the Crown; or

(d) is acting with the permission of a person acting as a servant or agent of the Crown; or

(e) is an authorised officer acting in the course of the authorised officer's duties.

7 Exemptions for members of a traditional owner group

(1) If a traditional owner group entity has entered into a traditional owner group agreement, regulation 19(1) does not apply to a person who is a member of that traditional owner group if the person—

(a) is bound by the agreement; and

(b) is acting under and in accordance with the agreement; and

(i) game ducks during the open season for game ducks; or

(ii) a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii) Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv) Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v) Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(2) If a traditional owner group entity has entered into a traditional owner group agreement, regulation 32(1) does not apply to a person who is a member of that traditional owner group if the person—

(a) is bound by the agreement; and

(b) is acting under and in accordance with the agreement; and

(i) a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(ii) a shotgun for the purpose of taking or destroying a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii) a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv) a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v) a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(3) If a traditional owner group entity has entered into a traditional owner group agreement, regulation 33(1) does not apply to a person who is a member of that traditional owner group if the person—

(a) is bound by the agreement; and

(b) is acting under and in accordance with the agreement; and

(i) a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(iii) a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv) a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v) a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.

(4) If a traditional owner group entity has entered into a traditional owner group agreement, regulations 34(1) and (2), 42(1) and 43(1) do not apply to a person who is a member of that traditional owner group if the person—

(a) is bound by the agreement; and

(b) is on land to which the agreement applies; and

Part 2—Common provisions for determinations and permits

Division 1—Determinations

8 Determinations setting areas aside

(1) A set aside determination must be in writing and must specify the date on which it is made.

(2) A set aside determination may specify—

(a) that it applies to the whole or a specified area of a reserve; and

(b) that it applies on specified days or times or for specified periods; and

(d) any conditions subject to which the activity or conduct specified in the set aside determination must or must not be carried out; and

(e) if a permit is required to undertake the activity or conduct that is permitted, restricted or prohibited.

(3) If the land manager makes a set aside determination under these Regulations, the land manager must, as soon as practicable after making the determination—

(a) ensure that a sign or notice of the determination is displayed in accordance with regulation 10; and

(b) publish the determination on the land manager's Internet site.

(4) In this regulation—

set aside determination means a determination made under the following—

(a) regulation 14(1);

(b) regulation 19(4);

(d) regulation 26;

(e) regulation 28;

(f) regulation 35;

(g) regulation 36(4);

(h) regulation 40(1);

(i) regulation 47(1);

(j) regulation 49(1);

(k) regulation 52(1);

(l) regulation 53(5);

(m) regulation 56(1).

9 Offence not to comply with conditions of determinations setting areas aside

A person who enters into or engages in an activity or conduct in an area that is set aside under a determination made under regulation 19(4), 21(1), 26, 28, 35, 36(4), 40(1), 47(1), 49(1) or 53(5) must comply with any conditions specified in the determination.

Penalty: 10 penalty units.

Note

Regulations 15(1) and (2), 52(2) and 56(2) provide separate offences for failing to act in accordance with a determination made under regulation 14(1), 52(1) or 56(1).

10 Signs and notices

(1) If the land manager makes a determination under these Regulations and is required to display a sign or notice in relation to that determination, the land manager must ensure that the sign or notice—

(a) is displayed in a place and manner that is likely to be seen by any person affected by the determination; and

Example

A sign may be placed at each entry to an area determined to be set aside.

(b) identifies in words or symbols any activity that is prohibited, restricted or permitted in the area that is set aside under the determination; and

(i) specifies the conditions of the activities that are prohibited, restricted or permitted; or

(ii) specifies by reference to the determination published under regulation 8(3)(b) the activity that is prohibited, restricted or permitted and any conditions that apply to carrying out that activity.

(2) If the land manager revokes or amends a determination made under these Regulations, the land manager must as soon as practicable—

(a) ensure that any sign or notice displayed in accordance with this Division is removed or amended to reflect the revocation or amendment to that determination; and

(b) remove or amend the determination published on the land manager's Internet site under regulation 8(3)(b) to reflect the revocation or amendment to that determination.

Division 2—Permits

11 Issuing of permits

(1) If the land manager is authorised to issue a permit under these Regulations, the permit must specify—

(a) the purpose of the permit; and

(b) the date on which the permit commences; and—

(i) the period for which the permit is valid; or

(ii) the date on which the permit expires; and

(2) A permit issued under these Regulations must be in writing.

12 Cancellation of permits

(1) The land manager may cancel a permit issued under these Regulations at any time—

(a) if the holder of the permit has—

(i) contravened a term or condition of the permit; or

(ii) contravened these Regulations; or

(b) if the continuation of the permit is likely to be detrimental to, or interfere with, the management and protection of the natural environment, flora, wildlife, features or visitors in a reserve or the control or management of animals (other than wildlife) within a reserve.

(2) Before cancelling a permit, the land manager by written notice given to the holder of the permit must—

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

(b) give the holder of the permit an opportunity to make either oral or written submissions to the land manager about the proposed cancellation.

(3) For the purposes of subregulation (2)(b), the holder of the permit must make any submission within the period specified in the notice, which must not be less than 14 days after the day on which the notice is given.

(4) In making a decision as to whether or not to cancel a permit, the land manager must have regard to any submission made under subregulation (2)(b).

(5) If the land manager decides to cancel a permit under subregulation (1), the land manager must notify the holder of the permit within 7 days after the land manager's decision.

(6) The cancellation of a permit under subregulation (1) takes effect when the holder of the permit is notified of the cancellation in accordance with subregulation (5).

13 Offence not to comply with a permit

The holder of a permit issued under these Regulations must comply with any terms and conditions of the permit.

Penalty: 10 penalty units.

Part 3—Access to reserves

14 Areas where access is prohibited or restricted

(1) The land manager may make a determination setting aside a specified area of a reserve—

(a) as an area to which access for a person or class of persons is prohibited without a permit; or

(b) as an area to which access for a person or class of persons is restricted without a permit.

(2) The land manager must not make a determination under subregulation (1) unless the land manager considers that the determination is necessary for any of the following purposes—

(a) the protection or management of flora, wildlife and associated habitat in the reserve;

(b) the control or management of animals (other than wildlife) and associated habitat in the reserve;

(c) the protection of structures (including buildings), bridges, dams, weirs, facilities, amenities, tracks, trails and other assets in the reserve;

(d) the planting of trees, shrubs, grass or other vegetation in the reserve;

(e) the re-establishment of vegetation in the reserve;

(f) the reclamation of land within the reserve;

(g) public safety within the reserve.

(3) The land manager may issue a permit to a person authorising the person to access a prohibited access area or a restricted access area.

15 Offence to enter prohibited or restricted access area

(1) A person, other than a person to whom a permit has been issued under regulation 14(3), must not enter, or remain in, a prohibited access area.

Penalty: 10 penalty units.

(2) A person, other than a person to whom a permit has been issued under regulation 14(3), must not enter, or remain in, a restricted access area unless that person does so in accordance with the determination under which the area is set aside.

Penalty: 10 penalty units.

16 Direction to leave reserve

An authorised officer may direct a person to leave a reserve or part of a reserve if the authorised officer reasonably believes that—

(a) the person has contravened the Act or these Regulations; or

(b) there is a risk to the person's safety.

17 Failure to comply with direction to leave reserve

A person to whom a direction is given under regulation 16 must comply with that direction.

Penalty: 10 penalty units.

18 Gates

A person must immediately close a gate in a reserve that the person has opened.

Penalty: 5 penalty units.

Part 4—Protection of animals

19 Interfering with animals

(1) A person must not disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any animal in a reserve.

Penalty: 20 penalty units.

(2) A person must not destroy, disturb or interfere with the nest, bower, display mound, lair or burrow of any animal in a reserve.

Penalty: 20 penalty units.

(3) Subregulation (1) does not apply to a person who is in an area of a reserve that has not been set aside under subregulation (4) and the person—

(a) is the holder of a game licence—

(i) that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of game ducks during the open season for game ducks; or

(ii) that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of a specified pest animal during the open season for game ducks if the person—

(A) takes or destroys the specified test animal within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; and

(B) uses a shotgun to take or destroy the specified pest animal; or

(iii) that allows the hunting, taking or destroying of deer and is hunting, taking or is in possession of Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv) that allows the hunting, taking or destroying of game birds and is hunting, taking or is in possession of Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v) that allows the hunting, taking or destroying of deer and is hunting, taking or is in possession of Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b) is the holder of a game licence that allows the hunting, taking or destroying of game birds and is using a gundog to retrieve a specified pest animal during the open season for game ducks if that person—

(i) takes or destroys the specified pest animal within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; and

(ii) uses a shotgun to take or destroy the specified pest animal; and

(iii) brings the gundog into or allows the gundog to remain on the reserve in accordance with regulation 24(1); or

(c) is authorised to disturb, harass, remove, hunt, capture, take, kill, injure or otherwise destroy or interfere with an animal that is not wildlife in the reserve under and in accordance with a permit issued under subregulation (6).

Note

See also regulation 7(1) in relation to exemptions for members of a traditional owner group.

(4) The land manager may make a determination setting aside a specified area of a reserve as an area in which hunting is prohibited.

(5) The land manager must consult with the Game Management Authority before making a determination under subregulation (4).

(6) The land manager may issue a permit to a person authorising the person to disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with an animal that is not wildlife in a reserve.

20 Feeding animals restricted

(1) A person must not feed, offer food to or offer any object as food to an animal in a reserve.

Penalty: 15 penalty units.

(2) A person must not permit or allow food to be taken from the possession of that person by an animal in a reserve.

Penalty: 15 penalty units.

(3) Subregulation (1) does not apply to a person if the person—

(a) brings the animal into the reserve in accordance with Part 5; or

(b) is authorised to feed the animal in the reserve under and in accordance with a permit issued under subregulation (4).

(4) The land manager may issue a permit to a person authorising the person to feed an animal in a reserve.

21 Fishing

(1) The land manager may make a determination setting aside a specified area of a reserve as an area in which fishing is prohibited.

(2) A person must not fish in an area of a reserve that is set aside under subregulation (1).

Penalty: 10 penalty units.

Part 5—Restrictions on animals in reserves

Division 1—Restrictions on animals other than dogs or horses

22 Animals other than dogs or horses prohibited except in specified circumstances

(1) A person must not bring an animal into a reserve or allow an animal to remain in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person—

(a) brings the animal into the reserve to be used as bait for fishing; or

(b) confines the animal to a vehicle that is in transit; or

(c) is authorised to bring the animal into, or allow the animal to remain in, the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to bring an animal into, or allow an animal to remain in, a reserve.

(4) In this regulation—

animal does not include an assistance animal, a dog or a horse.

Division 2—Restrictions on dogs

23 Dogs prohibited except in specified circumstances

(1) A person must not bring a dog into a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if—

(a) the dog is the person's assistance dog; or

(b) the person brings the dog into an area of the reserve that is set aside under regulation 26; or

(d) the person is authorised to bring the dog into the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 24.

Part 6—Use of hunting equipment in reserves

30 Possession, use and carriage of poisons

(1) A person must not possess, carry or use a poison in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person who is authorised to possess, carry or use the poison in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to possess or carry in a reserve a poison that the person is otherwise authorised to possess, carry or use and to use that poison in relation to an animal that is not wildlife.

31 Possession, use and carriage of traps

(1) A person must not possess, carry or use a trap in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person who is authorised to possess, carry or use the trap in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to possess or carry in a reserve a trap that the person is otherwise authorised to possess, carry or use and to use that trap in relation to an animal that is not wildlife.

(4) In this regulation—

trap means a trap, net, snare, pitfall or any other device used for, or capable of being used for, taking an animal but does not include any equipment designed for fishing.

32 Possession or carriage of firearms, bows or crossbows

(1) A person must not possess or carry a firearm, bow or crossbow in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person who—

(a) is in an area of a reserve that is not set aside under regulation 19(4) and is the holder of a game licence—

(i) that allows the hunting, taking or destroying of game birds and the person is in possession of, or is carrying, the firearm for the purpose of taking or destroying game ducks, during the period commencing 48 hours before the first day of the open season for game ducks and ending 48 hours after the last day of the open season for game ducks; or

(ii) that allows the hunting, taking or destroying of game birds and the person is hunting or taking a specified pest animal using a shotgun or is in possession of a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii) that allows the hunting, taking or destroying of deer and the person is in possession of, or is carrying, the firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1, during the period commencing 48 hours before the first day of the open season for Hog Deer and ending 48 hours after the last day of the open season for Hog Deer; or

(iv) that allows the hunting, taking or destroying of game birds and the person is in possession of, or is carrying, the firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2, during the period commencing 48 hours before the first day of the open season for Stubble Quail and ending 48 hours after the last day of the open season for Stubble Quail; or

(v) that allows the hunting, taking or destroying of deer and the person is in possession of, or is carrying, the firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b) is authorised to possess or carry the firearm, bow or crossbow in the reserve under and in accordance with a permit issued under subregulation (3).

Notes

1 See also regulation 7(2) in relation to exemptions for members of a traditional owner group.

2 See also regulation 38(4).

(3) The land manager may issue a permit to a person authorising the person to possess or carry a firearm, bow or crossbow in a reserve.

33 Use of firearms, bows or crossbows

(1) A person must not use a firearm, bow or crossbow in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person who—

(a) is in an area of the reserve that is not set aside under regulation 19(4) and is the holder of a game licence—

(i) that allows the hunting, taking or destroying of game birds and the person is using the firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or

(ii) that allows the hunting, taking or destroying of game birds and the person takes or destroys a specified pest animal using a shotgun during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or

(iii) that allows the hunting, taking or destroying of deer and the person is using the firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or

(iv) that allows the hunting, taking or destroying of game birds and the person is using the firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or

(v) that allows the hunting, taking or destroying of deer and the person is using the firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year; or

(b) is authorised to use the firearm, bow or crossbow in the reserve under and in accordance with a permit issued under subregulation (3).

Notes

1 See also regulation 7(3) in relation to exemptions for members of a traditional owner group.

2 See also regulation 38(4).

(3) The land manager may issue a permit to a person authorising the person to use a firearm, bow or crossbow in a reserve in relation to an animal that is not wildlife.

Part 7—Protection of natural features

34 Protection of flora

(1) A person must not cut, fell, pick, remove, uproot or damage any flora in a reserve.

Penalty: 20 penalty units.

(2) A person must not be in possession of any flora in a reserve that is taken from that reserve.

Penalty: 20 penalty units.

(3) Subregulation (1) does not apply to a person if the person—

(a) is authorised to cut, fell, pick, remove, uproot or damage flora in the reserve under and in accordance with a levee maintenance permit; or

(b) cuts, fells, picks, removes, uproots or damages the floral species Phragmites australis, Typha spp. or Leptospermum spp. in the reserve for the purposes of erecting a blind or hide in accordance with regulation 57.

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(4) Subregulation (2) does not apply to a person if the person is in possession of the floral species Phragmites australis, Typha spp. or Leptospermum spp. in the reserve that is taken from the reserve for the purposes of erecting a blind or hide in accordance with regulation 57.

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(5) In this regulation—

flora does not include fallen or felled trees.

35 Areas for cutting and taking away fallen and felled trees as firewood

For the purposes of section 21AA(3)(b) of the Act, the land manager may make a determination setting aside a specified area of a reserve in which fallen or felled trees may be cut and taken away for use as firewood within the area.

Notes

1 Regulation 49 prohibits a person lighting, kindling or maintaining a fire in a reserve in certain circumstances.

2 A person who takes away 2 cubic metres or less of fallen or felled trees from an area that is set aside under this regulation is liable to a penalty under section 21AA(1) of the Act.

3 A person who takes away more than 2 cubic metres of fallen or felled trees from an area that is set aside under this regulation is liable to a penalty under section 21AA(2) of the Act.

36 Introducing or planting flora

(1) A person must not knowingly bring any flora into a reserve.

Penalty: 20 penalty units.

(2) A person must not plant any flora in a reserve.

Penalty: 20 penalty units.

(3) Subregulation (1) does not apply to a person if the person—

(a) is, in the reserve, in possession of flora that is a manufactured wooden object; or

(b) brings firewood into an area of the reserve that is set aside under subregulation (4).

(4) The land manager may make a determination setting aside a specified area of a reserve as an area into which firewood may be brought.

(5) In this regulation—

manufactured wooden object means a wooden vessel, a wooden fishing rod or a wooden walking stick.

37 Damaging, defacing, removing or otherwise interfering with rocks

(1) A person must not damage, deface, remove or otherwise interfere with a rock in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person—

(a) collects or arranges rocks or stones in the reserve for the purpose of encircling a fire that is lit and maintained in accordance with regulation 49; or

(b) is authorised to damage, deface, remove or otherwise interfere with the rock in the reserve under and in accordance with—

(i) a permit issued under subregulation (3); or

(ii) a levee maintenance permit.

(3) The land manager may issue a permit to a person authorising the person to damage, deface, remove or otherwise interfere with a rock in a reserve.

Part 8—Recreation, safety and amenity

38 Tower Hill State Game Reserve

(1) A person must not discharge a firearm in the Tower Hill State Game Reserve on or within 100 metres of Wagon Bay.

Penalty: 10 penalty units.

(2) A person must not discharge a firearm in the Tower Hill State Game Reserve on or within 100 metres of Fairy Island.

Penalty: 10 penalty units.

(3) A person must not discharge a firearm in the Tower Hill State Game Reserve in or within 100 metres of any building located on the Tower Hill State Game Reserve.

Penalty: 10 penalty units.

(4) Despite regulations 32 and 33 or anything to the contrary in the Wildlife (Game) Regulations 2024, a person must not possess, carry or use a firearm in the Tower Hill State Game Reserve at any time after 9 a.m. and before 5 p.m. on any day during the open season for game ducks.

Penalty: 10 penalty units.

39 Noisy devices or equipment

(1) A person must not use or operate any device or equipment in a reserve that produces noise that disturbs another person or that disturbs or harasses wildlife.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply to a person if the person—

(a) is using the device or equipment for necessary medical purposes; or

(b) is operating a vehicle or vessel lawfully; or

(d) is authorised to use or operate the device or equipment in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to use or operate a device or equipment in a reserve.

40 Engaging in sport or recreational activity

(1) The land manager may make a determination setting aside a specified area of a reserve as an area in which engaging in a sport or recreational activity is prohibited.

(2) A person must not engage in a sport or recreational activity in an area of a reserve that is set aside under subregulation (1).

Penalty: 10 penalty units.

(3) Subregulation (2) does not apply to a person if the person is authorised to engage in the sport or recreational activity in the area of the reserve under and in accordance with a permit issued under subregulation (4).

(4) The land manager may issue a permit to a person authorising the person to engage in a sport or recreational activity in an area of a reserve that is set aside under subregulation (1).

41 Organised events

(1) A person must not conduct an organised entertainment event, a sporting event or a recreational event in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to conduct the organised entertainment event, the sporting event or the recreational event in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to conduct an organised entertainment event, a sporting event or a recreational event in a reserve.

42 Rallies, festivals and public meetings

(1) A person must not conduct a rally, festival, show, tour, fete or public meeting in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to conduct the rally, festival, show, tour, fete or public meeting in the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(3) The land manager may issue a permit to a person authorising the person to conduct a rally, festival, show, tour, fete or public meeting in a reserve.

43 Demonstrations and training classes

(1) A person must not conduct a demonstration or training class in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to conduct the demonstration or training class in the reserve under and in accordance with a permit issued under subregulation (3).

Note

See also regulation 7(4) in relation to exemptions for members of a traditional owner group.

(3) The land manager may issue a permit to a person authorising the person to conduct a demonstration or training class in a reserve.

44 Commercial activities

(1) A person must not conduct a commercial activity or offer for sale or hire any article or service in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to conduct the commercial activity in the reserve or offer for sale or hire the article or service in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to—

(a) conduct a commercial activity in a reserve; or

(b) offer an article or service for sale or hire in a reserve.

45 Advertising material

(1) A person must not disseminate any advertising, commercial or promotional material in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to disseminate the advertising, commercial or promotional material in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to disseminate any advertising, commercial or promotional material in a reserve.

(4) In this regulation—

advertising, commercial or promotional material includes pamphlets or handbills.

46 Commercial filming

(1) A person must not conduct commercial filming in a reserve.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person if the person is authorised to conduct commercial filming in the reserve under and in accordance with a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person authorising the person to conduct commercial filming in a reserve.

(4) In this regulation—

commercial filming has the same meaning as in section 3 of the Filming Approval Act 2014.

Part 9—Camping and camp fires

47 Areas where camping is prohibited

(1) The land manager may make a determination setting aside a specified area of a reserve in which camping is prohibited.

(2) A person must not camp in an area of a reserve that is set aside under subregulation (1).

Penalty: 10 penalty units.

48 Restrictions on camping

(1) A person who camps in an area of a reserve that is not set aside under regulation 47(1) must not camp within 20 metres of any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty: 10 penalty units.

(2) A person who camps in an area of a reserve that is not set aside under regulation 47(1) must not camp in the area for more than 42 consecutive nights.

Penalty: 10 penalty units.

(3) A person who camps on a site within an area of a reserve that is not set aside under regulation 47(1) must maintain the site free of litter.

Penalty: 10 penalty units.

(4) A person who camps on a site within an area of a reserve that is not set aside under regulation 47(1), before vacating the site, must clear from the site all litter and personal equipment for which that person is responsible.

Penalty: 10 penalty units.

49 Lighting, kindling or maintaining fires

(1) The land manager may make a determination setting aside a specified area of a reserve as an area in which lighting, kindling or maintaining a fire is prohibited.

(2) A person must not light, kindle or maintain a fire in the open air in an area of a reserve that is set aside under subregulation (1).

Penalty: 20 penalty units.

(3) A person who lights, kindles or maintains a fire in the open air in an area of a reserve that is not set aside under subregulation (1) must ensure that—

(a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of inflammable material; and

(b) if the fire is in a commercial appliance—

(i) the fuel used in the appliance is of a type that the appliance has been designed and manufactured to use; and

(ii) the fire is contained in the appliance; and

(iii) when the fire is alight, the appliance is placed in a stable position.

Penalty: 20 penalty units.

(4) A person who is in charge of a fire in an area of a reserve that is not set aside under subregulation (1) must extinguish that fire—

(a) immediately at the request of an authorised officer; or

(b) before leaving the fire.

Penalty: 20 penalty units.

50 Use of soaps and detergents

A person who uses any soap or detergent in a reserve must not dispose of that soap or detergent within 50 metres of any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty: 10 penalty units.

51 Hygiene

A person must not leave behind or deposit faeces in a reserve unless—

(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or

(b) if the person is not in an area in which toilet facilities are provided and readily available, the person does so by burying those faeces at least 50 metres away from any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse.

Penalty: 10 penalty units.

Part 10—Vessels and aircraft

52 Vessels

(1) The land manager may make a determination setting aside a specified area of a reserve as an area in which any of the following activities is prohibited or restricted, either for all vessels or for a class of vessel that is specified in the determination—

(a) the launching of vessels;

(b) the landing of vessels;

(d) the mooring of vessels;

(e) the anchoring of vessels;

(f) the operating of vessels.

(2) A person must not launch, land, load, unload, moor, anchor or operate a vessel in an area of a reserve to which a determination under subregulation (1) applies unless that person does so in accordance with that determination.

Penalty: 20 penalty units.

53 Aircraft

(1) A person must not launch or land an aircraft in a reserve.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply if the person is authorised to launch or land the aircraft—

(a) in an area of the reserve that is set aside under subregulation (5)(a); or

(b) in an area of the reserve that is not set aside under subregulation (5)(a) under and in accordance with a permit issued under subregulation (6)(a).

(3) A person must not deliver any thing into a reserve by use of an aircraft.

Penalty: 10 penalty units.

(4) Subregulation (3) does not apply to a person if the person is authorised to deliver the thing by use of an aircraft—

(a) in an area of the reserve that is set aside under subregulation (5)(b); or

(b) in an area of the reserve that is not set aside under subregulation (5)(b) under and in accordance with a permit issued under subregulation (6)(b).

(5) The land manager may make a determination setting aside a specified area of a reserve as an area in which a person may—

(a) launch or land an aircraft or a class of aircraft specified in the determination; or

(b) deliver any thing by use of an aircraft or a class of aircraft specified in the determination.

(6) The land manager may issue a permit to a person authorising the person—

(a) to launch or land an aircraft in an area of a reserve that is not set aside under subregulation (5)(a); or

(b) to deliver any thing by use of an aircraft in an area of a reserve that is not set aside under subregulation (5)(b).

Part 11—Buildings, structures, blind or hides and tree stands

Division 1—Buildings and structures

54 Offence to occupy buildings and other structures

(1) A person must not occupy, use or enter a building or a structure (other than a blind or hide) that is not provided for use by the public.

Penalty: 10 penalty units.

(2) A person who occupies, uses or enters a building or a structure in a reserve that is provided for use by the public must not occupy, use or enter the building or structure for a purpose other than the purpose for which the building or structure is provided.

Penalty: 10 penalty units.

(3) Subregulation (1) does not apply to a person if the person—

(a) is camping in the building or structure in accordance with Part 9; or

(b) is authorised to occupy, use or enter the building or structure in the reserve under and in accordance with a permit issued under regulation 41(3) or 42(3).

55 Offence to construct or erect buildings etc. or use a water pump

(1) A person must not construct or erect a sign, fence, building, bridge, fish-access facility, dam, weir, drain or any other structure (other than a blind or hide) in a reserve.

Penalty: 10 penalty units.

(2) A person must not use a water pump in a reserve.

Penalty: 10 penalty units.

(3) Subregulation (1) does not apply to a person if the person—

(a) is authorised to construct or erect the sign, fence, building, bridge, fish-access facility, dam, weir, drain or structure in the reserve under and in accordance with a permit issued under subregulation (5)(a); or

(b) is constructing or erecting a structure in the reserve for the purpose of camping in accordance with Part 9; or

(c) is authorised to construct or erect the sign, fence, building, bridge, fish-access facility, dam, weir, drain or structure in the reserve under and in accordance with a permit issued under regulation 40(4), 41(3), 42(3), 43(3), 44(3), 45(3) or 46(3); or

(d) is erecting the sign in the reserve in accordance with Division 2 of this Part; or

(e) is erecting a tree stand in the reserve in accordance with Division 2 of this Part; or

(f) is constructing a nest box in the reserve for the purpose of providing habitat for breeding birds.

(4) Subregulation (2) does not apply to a person if the person—

(a) is authorised to use the water pump in the reserve under and in accordance with a permit issued under subregulation (5)(b); or

(b) is authorised to use the water pump in the reserve under and in accordance with a permit issued under regulation 40(4), 41(3), 42(3), 43(3), 44(3), 45(3) or 46(3).

(5) The land manager may issue a permit to a person authorising the person—

(a) to construct or erect a sign, fence, building, bridge, fish-access facility, dam, weir, drain or any other structure in a reserve; or

(b) to use a water pump in a reserve.

(6) In this regulation—

nest box means an artificial structure or box designed to harbour birds during the birds' nesting period.

Division 2—Blind or hides and tree stands

56 Areas where blind or hides or tree stands are prohibited

(1) The land manager may make a determination setting aside a specified area of a reserve as an area in which erecting a blind or hide or tree stand is prohibited.

(2) A person must not erect a blind or hide or tree stand in an area of a reserve that is set aside under subregulation (1).

Penalty: 10 penalty units.

57 Requirements for the use and construction of blind or hides or tree stands

(1) A person must not erect a blind or hide in an area of a reserve that is not set aside under regulation 56(1) unless the blind or hide is erected for the purpose of—

(a) hunting game ducks, Sambar Deer or Hog Deer; or

(b) observing wildlife.

Penalty: 10 penalty units.

(2) A person must not erect a tree stand in an area of a reserve that is not set aside under regulation 56(1) unless the tree stand is erected for the purpose of hunting, watching or taking wildlife.

Penalty: 10 penalty units.

(3) A person must not erect a blind or hide in an area of a reserve that is not set aside under regulation 56(1) if the height of the blind or hide exceeds 2 metres and the floor area of the blind or hide exceeds 6 square metres.

Penalty: 10 penalty units.

(4) A person must not fix a sign to a blind or hide erected in an area of a reserve that is not set aside under regulation 56(1) that extends above the height of the blind or hide.

Penalty: 10 penalty units.

(5) A person must not remove, displace, deface or interfere with a blind or hide or tree stand erected in an area of a reserve that is not set aside under regulation 56(1) unless the person erected the blind or hide or tree stand or is assisting another person who erected the blind or hide or tree stand.

Penalty: 10 penalty units.

58 Requirement to dismantle blinds or hides or tree stands

(1) An authorised officer may direct a person who has erected a blind or hide or tree stand in an area of a reserve that is not set aside under regulation 56(1) to dismantle the blind or hide or tree stand within a reasonable time specified by the authorised officer if the authorised officer reasonably believes the direction is necessary—

(a) to protect the safety of any person in the reserve; or

(b) for the care, protection or management of the reserve.

(2) If a person to whom a direction is given under subregulation (1) does not dismantle the blind or hide or tree stand within the time specified by the authorised officer in the direction, the authorised officer may take any necessary steps to dismantle the blind or hide or tree stand.

59 Offence to disobey a direction to dismantle blind or hide or tree stands

A person to whom a direction is given under regulation 58(1) must comply with that direction.

Penalty: 10 penalty units.

Schedule 1—State Game Reserves where hunting Hog Deer is permitted

Regulations 7, 19(3), 32(2) and 33(2)

Title of Reserve	Parish where Reserve is situated
Jack Smith Lake	Woodside, Darriman
Lake Coleman	Dulungalong
Clydebank Morass	Nuntin
Dowd Morass	Glencoe
Heart Morass	Sale
Ewing Morass	Tildesley East, Waygara, Newmerella

Schedule 2—State Game Reserves where hunting Stubble Quail is permitted

Regulations 7, 19(3), 24(2), 32(2) and 33(2)

Title of Reserve	Parish where Reserve is situated
Mansfield	Carag Carag
Gaynor Swamp	Burramboot East
Wallenjoe Swamp	Carag Carag
Rowan Swamp	Karrabumet, Bungeet
Jack Smith Lake	Woodside, Darriman
Lake Coleman	Dulungalong
Jones Bay	Broadlands
Macleod Morass	Bairnsdale
Clydebank Morass	Nuntin
Dowd Morass	Glencoe
Blond Bay	Goon Nure
Lake Connewarre	Connewarre, Moolap, Bellarine
Heart Morass	Sale
Hateleys Lake	Arapiles
Bow Lake	Jilpanger
Darlot Swamp	Longerenong

Schedule 3—State Game Reserves where hunting Sambar Deer is permitted

Regulations 7, 19(3), 32(2) and 33(2)

Title of Reserve	Parish where Reserve is situated
Ewing Morass	Tildesley East, Waygara, Newmerella

Schedule 4—Specified pest animals

Regulations 7, 19(3), 32(2) and 33(2)

Common name	Scientific name
European hare	Oryctolagus cuniculus
European rabbit (feral or wild population only)	Lepus europaeus
Red fox	Vulpes vulpes

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Wildlife (State Game Reserves) Regulations 2024, S.R. No. 123/2024 were made on 29 October 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 87 of the Wildlife Act 1975, No. 8699/1975 and came into operation on 30 October 2024: regulation 3.

The Wildlife (State Game Reserves) Regulations 2024 will sunset 10 years after the day of making on 29 October 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Wildlife (State Game Reserves) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4 def. of game bird: S.R. No. 81/2024.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Wildlife (State Game Reserves) Regulations 2024

Version No. 001

Wildlife (State Game Reserves) Regulations 2024

S.R. No. 123/2024

Version as at
30 October 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

Division 1—General 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Division 2—Application of Regulations 5

5 Application of Regulations to parties to certain agreements etc. 5

6 Persons to whom offences under these Regulations do not apply 5

7 Exemptions for members of a traditional owner group 6

Part 2—Common provisions for determinations and permits 10

Division 1—Determinations 10

8 Determinations setting areas aside 10

9 Offence not to comply with conditions of determinations setting areas aside 11

10 Signs and notices 12

Division 2—Permits 13

11 Issuing of permits 13

12 Cancellation of permits 13

13 Offence not to comply with a permit 14

Part 3—Access to reserves 15

14 Areas where access is prohibited or restricted 15

15 Offence to enter prohibited or restricted access area 16

16 Direction to leave reserve 16

17 Failure to comply with direction to leave reserve 16

18 Gates 16

Part 4—Protection of animals 17

19 Interfering with animals 17

20 Feeding animals restricted 19

21 Fishing 20

Part 5—Restrictions on animals in reserves 21

Division 1—Restrictions on animals other than dogs or horses 21

22 Animals other than dogs or horses prohibited except in specified circumstances 21

Division 2—Restrictions on dogs 21

23 Dogs prohibited except in specified circumstances 21

24 Gundogs 22

25 Dog faeces 23

26 Areas for dogs 24

Division 3—Restrictions on horses 24

27 Horses prohibited except in specified circumstances 24

28 Areas for horses 24

Division 4—Animals at large 25

The Regulations rest on several repeating structural concepts: determinations (set aside areas), permits, offences with specific exceptions, specified time windows (notably open seasons), and administrative obligations for land managers and authorised officers.

Determinations: A land manager may make a written set‑aside determination (regulation 8) that applies to all or part of a reserve, to specified days or times, to classes of persons, and with conditions. The land manager must display signs and publish determinations online “as soon as practicable” (regulation 8(3), regulation 10). Various provisions create standalone offences for breaching determinations (regulations 9, 15, 52(2), 56(2)). The instrument gives land managers broad scope to limit access (regulation 14), prohibit sport or recreational activities (regulation 40), restrict vessels (regulation 52) and set areas for firewood (regulation 35) or camping (regulation 47).
Permits: A written permit must specify purpose, commencement date, duration and conditions (regulation 11). The land manager may issue permits for many otherwise prohibited activities (e.g. possession/use of traps, firearms, poisons, commercial activities, organised events). There is an administrative cancellation process with minimum procedural fairness timelines: notice of proposed cancellation, at least 14 days to make submissions, and notification within 7 days of the decision (regulation 12).
Offences and Exceptions: Many prohibitions are absolute on their face (e.g. do not possess poisons reg 30(1); do not interfere with animals reg 19(1)) but the Regulations carve out exceptions principally by permits, by game licence holders within tightly defined seasons and areas, and by exemptions for members of traditional owner groups where the group has a traditional owner group agreement (regulation 7). For example, licensed hunters may possess and use firearms for specified species during open season and in areas not set aside for a hunting prohibition (regulations 32-33, 19(3)). The exemptions for traditional owner group members require that the person be bound by and acting under the traditional owner group agreement and that the activity is on land to which the agreement applies (regulation 7).
Time‑limited operational windows: Several provisions make exceptions only during open seasons or narrow daily periods. Examples include possession or use of shotguns for specified pest animals restricted to the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset (regulation 7(1)(b)(ii), regulation 32(2)(a)(ii), regulation 33(2)(a)(ii)), and schedule‑based open seasons for specific reserves (Schedules 1-3). The Regulations also create pre‑ and post‑season buffer periods (e.g. 48 hours before/after the open season for game ducks for gundogs in regulation 24(1)).
Role of land manager and authorised officer: The land manager has extensive discretion: to set aside areas, issue permits, publish determinations, and cancel permits for stated management reasons (regs 8, 11-12, 14). Authorised officers hold operational powers for issuing directions to leave (regulation 16), require dismantling and, if necessary, take action (regulation 58), and enforce compliance with signage and determinations.
Integration with other instruments: Definitions reference other Acts and the Wildlife (Game) Regulations 2024 (regulation 4). The Regulations preserve inconsistent contractual authorisations under certain Acts (regulation 5), and require consultation with the Game Management Authority when setting hunting prohibitions (regulation 19(5)).

These concepts create a framework where most activities in reserves are restricted by default and are permitted only where expressly authorised by licence, permit, determination, or where a person falls within the traditional owner group exemptions and acts under a relevant agreement. The mechanics emphasise written permits and determinations, public notice and signage, and a combination of time‑ and place‑limited exceptions.

The Regulations allocate rights and duties across several identifiable groups: land managers, authorised officers, visitors (recreational users, campers, fishers), licensed hunters, traditional owner group members and entities, commercial operators, and holders of other statutory agreements, leases or licences.

Land managers: The Regulations place decision‑making responsibilities squarely on land managers. They may make determinations setting aside areas for prohibited or restricted access (regulation 14), set areas for firewood (regulation 35), camping (regulation 47), fires (regulation 49), vessels (regulation 52) and aircraft (regulation 53(5)). They must display and publish determinations (regulations 8(3), 10), and they may issue, vary or cancel permits (regulations 11-12). Land managers therefore control the practical availability of many activities on reserves.
Authorised officers: They enforce the Regulations. They may direct persons to leave reserves where contraventions are believed (regulation 16) and require dismantling of blinds/tree stands when necessary for safety or reserve protection (regulation 58). Their operational judgements , for example, what is a “reasonable time” to dismantle a blind (regulation 58(1)) or when a direction is necessary , are embedded in the regime.
Visitors and recreational users: Ordinary visitors must observe general prohibitions (e.g. not to interfere with animals reg 19(1); not to bring dogs or horses unless in specified areas or permitted reg 23, 27). Campers face site‑specific restrictions including distance from water and maximum consecutive nights (regulation 48(1)-(2)). Recreational activities, including sport events, rallies, demonstrations, commercial activities, advertising and commercial filming, are prohibited by default and require permits (Part 8, regs 40-46).
Licensed hunters and gundog users: People holding game licences retain authorised activities in specified circumstances (regulation 19(3), regulation 32(2), regulation 33(2), regulation 24). These allowances are tightly drawn: they apply in areas not set aside under hunting prohibitions (regulation 19(4)), during open seasons, and subject to timing constraints (e.g. 30 minutes before sunrise to 30 minutes after sunset for certain pest control) or buffer periods (48 hours pre/post season for some activities). Schedule 1-3 list reserves where hunting particular species is permitted; Schedule 4 lists specified pest animals.
Traditional owner group members and entities: The Regulations create a carve‑out for members of traditional owner groups who are bound by a traditional owner group agreement under the Traditional Owner Settlement Act 2010. If the relevant agreement exists and the person acts under and in accordance with it, multiple prohibitions do not apply (regulation 7). The exemptions are conditional on the person being bound by and acting under the agreement and on the activity occurring on land to which the agreement applies. The carve‑outs cover hunting and possession of weapons (regulation 7(1)-(3)) and certain other prohibitions (regulation 7(4) referencing regs 34(1) and (2), 42(1) and 43(1)).
Parties to other agreements, leases and licences: Regulation 5 expressly excludes persons acting under the terms of any agreement entered into under the Act, or a lease or licence granted under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978 from these Regulations to the extent of inconsistency. That means operators with existing statutory authorisations may be insulated from some provisions where the authorisation authorises inconsistent activity.
Commercial operators and service providers: The Regulations prohibit commercial activities, advertising and commercial filming unless authorised by permit (Part 8, regs 44-46). That affects tour operators, commercial filming companies, event organisers and any business seeking to operate on reserve land.

Who pays: regulated persons pay in two senses. First, individuals and businesses must obtain permits where required and comply with conditions to avoid penalty units; second, those convicted of offences face monetary penalties denominated in penalty units. The endnotes set the penalty unit value for 2024-25 at $197.59, so the highest common penalty of 20 units equates to $3,951.80 (subject to rounding rules), with lesser penalties at 10 units ($1,975.90) and 5 units ($987.95) (Endnotes and multiple regs).

Who decides: land managers exercise primary administrative discretion (per regulations 8, 11-12, 14, 35, 40, 47, 49, 52, 56). Authorised officers exercise on‑the‑ground enforcement discretion (regs 16, 17, 58). The Game Management Authority must be consulted under regulation 19(5) when setting hunting prohibitions, inserting an inter‑agency check for that specific decision.

Behaviour changes expected: The textual design makes reserves largely non‑permissive without written authorisation. Visitors will be expected to consult published determinations (regulation 8(3)(b)), obey signs (regulation 10), and secure permits for commercial, sporting, filming, or other organised activities (regs 41-46). Licensed hunters must ensure they operate only in areas and during seasons where hunting is permitted and respect set‑aside hunting prohibitions (regulation 19(4)). Traditional owner group members must ensure they are acting under a binding traditional owner group agreement to rely on exemptions (regulation 7).

Duties and rights in the Regulations are expressed primarily as prohibitions subject to permits or exceptions, administrative duties for land managers, and enforcement rights for authorised officers. The structure establishes who may do what, when, and where.

Duties of land managers

Make and record set‑aside determinations in writing, specify commencement date and any conditions, and ensure public notice by displaying signs and publishing on the land manager’s internet site “as soon as practicable” (regulation 8(1)-(3), regulation 10). Determinations may be targeted to whole or parts of reserves and to specific classes of persons (regulation 8(2)(a)-(c)).
Consult the Game Management Authority before making hunting prohibition determinations (regulation 19(5)).
Issue permits in writing that specify the purpose, commencement and duration or expiry and terms and conditions (regulation 11).
Follow the procedural steps for permit cancellation: notify the permit holder of proposed cancellation, provide at least 14 days for submissions, consider those submissions, notify the decision within 7 days, and effect cancellation when notified (regulation 12(2)-(6)).

Rights and discretions of land managers

Make determinations setting areas as prohibited access, restricted access, no‑fishing, no‑camping, no‑fires, no‑vessels, aircraft landing zones etc (regulations 14, 21, 47, 49, 52-53).
Issue permits authorising activities otherwise prohibited (regulation 11 and across Parts 4-11 where permit power is invoked).
Cancel permits where the holder has contravened the permit, contravened the Regulations, or where continuation would be detrimental to reserve management (regulation 12(1)(a)-(b)).

Duties of visitors and permit holders

Comply with determinations and posted conditions in set‑aside areas (regulation 9; regulation 10(b)-(c) requires signs to identify restricted/prohibited activities and conditions).
Hold and comply with written permits that describe purpose, duration and terms (regulation 11 and regulation 13 which makes non‑compliance a 10 penalty unit offence).
Close gates immediately after opening (regulation 18; penalty 5 units).
Keep dogs and other animals under immediate control while in a reserve (regulations 23, 29).
Ensure fires are contained and cleared within safety rules and extinguished on request (regulation 49).
Maintain hygiene and limit camping durations (regulations 48, 50-51).

Rights and exceptions for licence holders and traditional owner group members

Holders of game licences have specific, targeted exceptions from the general prohibitions when carrying out hunting consistent with their licence, and only in areas not set aside under hunting prohibition determinations (regulation 19(3), regs 32-33). The exceptions are precisely defined by species, reserve lists (Schedules 1-3), timing (open seasons and daily time windows) and whether the area is set aside under a hunting prohibition.
Traditional owner group members who are bound by a traditional owner group agreement and act under it are exempt from several prohibitions, including interference with animals and possession/use of firearms during specified open seasons or time windows, provided the activity occurs on land to which the agreement applies (regulation 7(1)-(4)). The exemptions require the person be bound by the agreement and acting under it.

Enforcement rights and duties of authorised officers

Direct a person to leave a reserve or part of a reserve where the officer reasonably believes the person has contravened the Act or the Regulations or where there is a safety risk (regulation 16). A person must comply with that direction (regulation 17).
Direct dismantling of blinds, hides or tree stands where reasonably necessary for safety or reserve management, specify a reasonable time, and take necessary steps to dismantle if the person fails to comply (regulation 58(1)-(2)). Non‑compliance with such a direction is an offence (regulation 59).

Rights for persons with other statutory authorisations

Persons acting under and in accordance with agreements, leases or licences under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978 are not subject to these Regulations to the extent the activities authorised are inconsistent with the Regulations (regulation 5). That creates a qualified right to continue activities authorised by those other instruments.

Administrative protections and procedural rights

Permit holders have an opportunity to make oral or written submissions before cancellation and the land manager must have regard to submissions (regulation 12(2)-(4)). The Regulations create minimal procedural protections for permit holders, and set timeframes that must be observed for notifications.

Conditionality and specificity of rights

Many rights are conditional: hunters’ rights are constrained by spatial (not in areas set aside under hunting prohibitions), temporal (open seasons and daily windows) and species limits; traditional owner rights are conditional on the agreement; permits are conditional and subject to cancellation standards. These conditions allocate much of the practical control to land managers and authorised officers.

The Regulations attach criminal penalties expressed as penalty units. The instrument’s endnotes state the penalty unit value for the 2024-25 financial year as $197.59 (Endnotes). Applying that published value (subject to statutory rounding and annual adjustment under the Monetary Units Act 2004) yields the following illustrative dollar equivalents: 5 penalty units ≈ $987.95; 10 penalty units ≈ $1,975.90; 20 penalty units ≈ $3,951.80. The Regulations note that the computed amount may be rounded to the nearest dollar (Endnotes).

Range and distribution of penalties

The most frequent maximum penalty in the instrument is 20 penalty units (e.g. interfering with animals reg 19(1) and (2); possession/use of poisons reg 30(1); traps reg 31(1); possession/carry/use of firearms regs 32(1), 33(1); cutting flora reg 34(1); camping fires breach or non‑extinguishment reg 49(2), (3)-(4)). A 20‑unit penalty is one of the instrument’s principal enforcement levers.
10 penalty unit offences appear across determinations and permit compliance (e.g. failing to comply with set‑aside conditions reg 9; failing to comply with permit terms reg 13; entry into prohibited or restricted areas reg 15(1)-(2); many building/structure offences reg 54-55; blind/tree stand rules reg 56-59).
A lower penalty (5 units) applies for failing to immediately close a gate that a person has opened (regulation 18).

Enforcement powers and procedures

Authorised officers can direct persons to leave a reserve or part of it where they reasonably believe the person has contravened the Act or Regulations or where there is a safety risk (regulation 16). Failure to comply is a 10 penalty unit offence (regulation 17).
Authorised officers may direct dismantling of blinds, hides or tree stands and, after failure to comply within a reasonable time, take necessary steps to dismantle themselves (regulation 58(1)-(2)). Disobeying a dismantling direction is a 10 penalty unit offence (regulation 59).
Permit cancellation includes procedural steps that must be followed by land managers: notice, minimum 14‑day period for submissions, consideration of submissions and prompt notification of cancellation decision within 7 days (regulation 12(2)-(6)). The cancellation takes effect when the holder is notified (regulation 12(6)).

Operational enforcement practicalities

Signage and online publication are required as administrative preconditions for determinations (regulation 8(3) and regulation 10). That creates a notice obligation which may be relevant to enforcement: persons are required to comply with determinations and the conditions specified on signs or by reference to published determinations (regulation 10(1)(b)-(c) and regulation 9). The Regulations require land managers to amend or remove signs and website content “as soon as practicable” after revocation or amendment of a determination (regulation 10(2)), creating an operational duty to keep public information current.
Some prohibitions are absolute on their face (e.g. reg 30(1) on poisons; reg 31(1) on traps; reg 32(1) on possession of firearms), and the defence path is limited to specific exceptions or permits. Enforcement therefore focuses both on on‑site checks by authorised officers and compliance with permit conditions.

Checks and balances

Where the land manager proposes to cancel a permit, the holder has a right to be heard, with at least 14 days to make submissions (regulation 12(2)-(3)). The land manager must have regard to submissions before deciding (regulation 12(4)), and notify within 7 days if cancelling (regulation 12(5)-(6)). This introduces a minimal administrative law process into permit cancellation.
The Regulations require consultation with the Game Management Authority before setting hunting prohibition areas (regulation 19(5)), which is an explicitly mandated inter‑agency check on that subset of determinations.

Potential enforcement friction points

The Regulations vest significant discretion in land managers and authorised officers for operational decisions , what constitutes reasonable belief for directions to leave (regulation 16), what is a “reasonable time” to dismantle blinds (regulation 58(1)), and the content and conditions of permits (regulation 11). These terms are not further defined in the text and give rise to inconsistent application risk if administrative practice is not standardised.
The instrument relies on visible signage and publication for public notice (regulations 8 and 10). Enforcement actions may therefore depend on the adequacy and currency of signage and website publication, and on evidence that signs or online determinations were properly displayed.

Statutory intersections relevant to enforcement

The Regulations preserve that persons acting under inconsistent agreements, leases or licences under the Act or certain other Acts are not subject to these Regulations to the extent of inconsistency (regulation 5). Enforcement officers must therefore be aware of concurrent authorisations under other instruments when confronting alleged contraventions.

The Regulations are interwoven with multiple statutes and subordinate instruments through definitions, cross‑references, and exclusion clauses. These linkages define scope, carve‑outs and interaction rules that are central to interpretation and practical application.

Primary authorising statute

The Regulations are made under section 87 of the Wildlife Act 1975 (regulation 2). That Act supplies the foundational legal authority for regulating State Wildlife Reserves and further classification as State Game Reserves (definitions in regulation 4 reference section 15(2) of the Act).

Cross‑referenced Acts and subordinate instruments

Traditional Owner Settlement Act 2010: The definition of “agreed activity” and “traditional owner group entity” and the exemption regime at regulation 7 rely expressly on Part 6 of that Act and the concept of a traditional owner group agreement. The Regulations exempt members of a traditional owner group from multiple prohibitions where the person is bound by and acting under such an agreement (regulation 7(1)-(4)).
Wildlife (Game) Regulations 2024: The Regulations import definitions and lists from the Game Regulations, including “game bird”, gundog breeds and Schedule references (regulation 4). Hunting permissions and species lists (Schedules 1-3) and the meaning of “take” reference that instrument (regulation 4 and multiple substantive clauses).
Fisheries Act 1995: The definition of “fish” is imported from section 5(1) of the Fisheries Act 1995 (regulation 4), relevant for fishing prohibitions and when defining animals excluded from “animal” (regulation 4).
Flora and Fauna Guarantee Act 1988: The term “flora” is defined as in that Act (regulation 4), which matters for restrictions on cutting or removing flora (regulation 34) and planting/introducing flora (regulation 36).
Water Act 1989 and levee maintenance permits: The text recognises levee maintenance permits (regulation 4) and allows certain cutting of flora under a levee maintenance permit (regulation 34(3)(a)) and rock works under levee maintenance permits (regulation 37(2)(b)(ii)).
Filming Approval Act 2014: “Commercial filming” is defined by reference to that Act in regulation 46(4).
Environment Protection Act 2017: The term “litter” is adopted from that Act (regulation 4), affecting obligations such as campsite cleanliness (regulation 48(3)-(4)).
Sentencing Act 1991 and Monetary Units Act 2004: Penalties are expressed in penalty units under the Sentencing Act framework and monetary values are calculated under the Monetary Units Act, with the current penalty unit value published in the endnotes ($197.59 for 2024-25).
Subordinate Legislation Act 1994 and Interpretation of Legislation Act 1984: Endnotes note the ten‑year sunset under the Subordinate Legislation Act (Endnotes), and the ILA governs style and interpretive rules (Endnotes).

Priority and inconsistency rules

Regulation 5 creates a specific rule: persons acting under and in accordance with the terms of an agreement under the Act, or a lease or licence granted under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978 are “not subject to these Regulations to the extent that the activities authorised … are inconsistent with these Regulations”. This is an express carve‑out that can create overlapping rights. It means statutory rights conferred under particular agreements or licences may override the Regulations where inconsistent, and enforcement must account for those separate authorisations.

Operational interfaces

The land manager must consult the Game Management Authority before making a hunting prohibition determination (regulation 19(5)), which creates an explicit operational interface between the land manager’s administrative discretion and the specialist agency dealing with game management.
Definitions that import other instruments mean that changes to those instruments can change the scope of these Regulations indirectly. For example, the content of the Wildlife (Game) Regulations 2024 , including which species are “game birds” or which dog breeds are “gundogs” , affects who may rely on hunting and dog‑related exemptions.

Exemptions and native title / traditional owner instruments

Regulation 7 grants exemptions to members of traditional owner groups when a traditional owner group entity has a traditional owner group agreement. Those exemptions are conditional and apply only where the person is bound by and is acting under the agreement and on land to which the agreement applies. The Regulations therefore interact with the content and territorial scope of such agreements under the Traditional Owner Settlement Act 2010.

Administrative law and review

The Regulations embed administrative decisions (permit issuance, cancellations, set‑aside determinations) that are likely reviewable under general administrative law principles (natural justice for cancellations at regulation 12 is partially provided), though the instrument does not itself specify merits review or appeal mechanisms. Interaction with the Administrative Law Act or judicial review regimes will depend on general Commonwealth or State administrative law principles and the enabling statute.

Criminal and quasi‑regulatory overlap

Some activities are regulated by other Acts as well (for example, firearms are regulated by firearms licensing regimes external to this instrument). The Regulations create an independent state regulatory offence (possession/use of firearms in reserves , regs 32-33) that sits alongside other licensing obligations. Enforcement agencies and courts will need to consider concurrent obligations under the firearms regulatory framework when adjudicating offences under these Regulations.

The instrument’s endnotes supply the formal manufacturing and amendment information. The Regulations were made 29 October 2024 by the Lieutenant‑Governor as the Governor’s deputy and came into operation 30 October 2024 (Endnotes; regulation 3). The Regulations will sunset ten years after the day of making, on 29 October 2034, pursuant to the Subordinate Legislation Act 1994 (Endnotes).

The endnotes also provide a “Table of Amendments” section. For this instrument, the Table of Amendments records no amendments as of the version provided (Endnotes, Table of Amendments). The Explanatory Details in the Endnotes note that the definition of “game bird” is sourced from S.R. No. 81/2024 (Explanatory details 3.1). The endnotes also set out interpretive and style statements referencing the Interpretation of Legislation Act 1984, including that headings, examples and notes form part of the Statutory Rule where the ILA provides that effect (Endnotes).

Practical implications of the amendment record and sunset

As made, the Regulations are current and unamended at the date of the instrument. The ten‑year sunset means the Regulations are time‑limited in force absent re‑making or extension; any stakeholder planning long‑term activities or investments that rely on the regulatory regime should note that the instrument will expire in 2034 unless re‑made or preserved by legislative action.
The cross‑references to other instruments (e.g. Wildlife (Game) Regulations 2024) mean that amendments to those other instruments could change the effective application of these Regulations without an amendment to S.R. No. 123/2024 itself. For example, if species lists in the Game Regulations change, hunting permissions and definitions in these Regulations could be affected.

No amendment history is recorded in the endnotes. Any future amendments, re‑making or legislative changes will be recorded in the statutory register and will alter the current text and its application.

The Regulations themselves do not include any cases or litigation citations. The endnotes contain no recorded litigation or judicial determinations concerning the Regulation; the “Table of Amendments” reports no amendments made by statutory rules, subordinate instruments and Acts (Endnotes, Table of Amendments).

Absent external case law, the instrument’s litigation history at the time of this version is nil in the statutory record provided. That means there are, within the instrument and its endnotes, no reported judicial interpretations, no litigated challenges recorded in the text, and no appellate guidance on ambiguous terms such as “reasonable time” under regulation 58(1) or “reasonable belief” under regulation 16. Practitioners should therefore treat areas of textual discretion as untested by courts and subject to administrative practice and potential future judicial scrutiny.

Practical consequences for litigators and advisors

Because many operational terms are contextually indeterminate (for example, what precise signage is “likely to be seen” (regulation 10(1)(a)), or what constitutes “reasonable time” to dismantle a blind (regulation 58(1))), litigation risk exists where enforcement steps lead to prosecutorial action or where permit cancellations are contested. The instrument’s minimal procedural protections in permit cancellation (regulation 12) create defined points for administrative law challenges if the land manager fails to follow those steps.
The exemption for persons acting under agreements inconsistent with the Regulations (regulation 5) may give rise to factual disputes about whether a person is acting “in accordance with the terms and conditions” of their agreement and whether an activity is “inconsistent” with the Regulations. Those factual and statutory interpretation disputes are emplaced in a factual matrix amenable to contested administrative decisions.
Absence of case law also means that the practical boundaries of the traditional owner group exemptions (regulation 7) remain to be litigated in the event of disputes over whether a person is “bound by” and “acting under” a particular traditional owner group agreement or whether the activity occurs on land to which the agreement applies.

For now, the instrument offers a clear statutory picture but few judicially developed interpretive guardrails. Practitioners advising clients should expect administrative determinations and possible future litigation to refine key discretionary terms and inter‑instrument relationships.

This instrument contains several features that produce operational traps for land managers, users, licence holders, traditional owner groups and enforcement officers. The following are concrete points drawn from the text where inadvertent non‑compliance or administrative inconsistency commonly arises.

Scope of “animal” and species exceptions

The Regulations define “animal” as any animal except humans and fish (regulation 4). However, many provisions carve out exemptions for “wildlife” versus “animals that are not wildlife” (e.g. permits for taking animals that are not wildlife under regulation 19(6) and permission to use hunting equipment in relation to an animal that is not wildlife under regulation 33(3)). Practitioners must check the Wildlife Act and Wildlife (Game) Regulations 2024 for the definition of “wildlife” and the species lists in Schedule 10 to the Game Regulations (regulation 4). Confusion between “animal” and “wildlife” can lead to incorrect application of permit powers.

Determinations and signage obligations

Land managers must both display signs likely to be seen by affected persons and publish determinations on their internet site as soon as practicable (regulation 8(3) and regulation 10). Failure to do both can expose enforcement actions to challenge on notice grounds. Moreover, regulation 10(1)(c) allows conditions to be specified either directly on the sign or by reference to the published determination; inconsistent wording or delayed website updates create a compliance gap.

Inconsistent authorisations under other Acts

Regulation 5 exempts persons acting under agreements or licences issued under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978, to the extent of inconsistency. Identifying when an activity is “in accordance with” another agreement and “inconsistent” with these Regulations may require contractual and statutory forensic analysis before enforcement action.

Narrow timing windows and buffer periods

Hunting and possession/use exceptions for licence holders are narrowly time‑bound: daily windows (30 minutes before sunrise to 30 minutes after sunset for certain pest control) and pre/post‑season buffer periods (48 hours before/after open season for many activities) (regs 24, 32(2), 33(2)). Failure to observe these windows can convert a lawful hunter into an offender. Licence holders need to reconcile their game licence authorisations with the reserve‑specific restrictions and the presence of set‑aside hunting prohibitions (regulation 19(4)).

Traditional owner group exemptions are conditional

Exemptions under regulation 7 require the person to be bound by the traditional owner group agreement and to be acting under and in accordance with it, and the action must be on land to which the agreement applies. Those conditions are factual and legal preconditions; incorrect reliance on the exemption will not protect a person who is not demonstrably within those bounds.

Permits are the primary escape hatch but are discretionary

Many potentially covered activities (commercial filming, organised events, commercial activity, construction of structures, use of water pumps, possession of poisons/traps/firearms) require a permit issued by the land manager (various regs across Parts 2-11). The land manager may refuse or cancel permits where continuation would be detrimental to reserve management (regulation 12(1)(b)). Permit holders must keep records and be prepared to defend compliance with specified conditions.

Administrative timing for cancellations

Cancellation procedures impose minimum timelines (14 days for submissions) and require the land manager to notify a decision within 7 days (regulation 12(2)-(6)). Failures to follow these steps could render a cancellation procedurally unfair and open to review.

Enforcement discretion lacks detailed procedural prescriptions

Terms such as “reasonable belief” (regulation 16) and “reasonable time” (regulation 58(1)) are unspecified. These are standard administrative law terms, but their indeterminacy means local policy is important; absence of coherent operational policy across reserves risks inconsistent enforcement and legal challenge.

Multiple overlapping offences and overlapping regulators

For example, firearms possession in reserves is an offence under these Regulations (regulation 32). Firearms are also governed by separate firearms legislation. Enforcers must coordinate with firearms regulators to avoid double‑handling and to properly address licensing status versus reserve restrictions.

Tower Hill special rules

Tower Hill State Game Reserve has specific spatial prohibitions and a separate daytime ban during open season for game ducks (regulation 38). Licence holders and visitors may be caught unaware if they assume statewide permissions apply uniformly.

Penalty unit changes

The dollar amounts of penalties change annually via the Monetary Units Act. The Regulations reference penalty units, not fixed dollar values, so practitioners must verify the current penalty unit value; the endnotes provide the value for 2024-25 ($197.59).

Sunset clause

The Regulations will sunset on 29 October 2034 (Endnotes). Long‑term commercial or planning investments should account for the possibility of the regulatory regime changing at or before sunset.

Compliance requires different steps for different actors: land managers, permit holders/applicants, licensed hunters, traditional owner groups, commercial operators and everyday visitors. The following is an operational checklist tied to specific regulatory obligations.

For land managers

Determinations and signage
- When making any set‑aside determination (regulation 8), ensure it is in writing and specifies the date made and any conditions (regulation 8(1)-(2)). Identify whether it applies to whole or part of the reserve, time windows, and person/class. Keep a dated record.
- Display signs in places and manners “likely to be seen” by those affected (regulation 10(1)(a)). Signs must identify prohibited, restricted or permitted activities and either specify conditions or refer to the online determination (regulation 10(1)(b)-(c)).
- Publish the determination on the land manager’s internet site promptly (regulation 8(3)(b)), and ensure website content mirrors field signage. Update or remove signs and website content as soon as practicable when the determination is amended or revoked (regulation 10(2)).
Permit templates and procedures
- Issue permits in writing that specify purpose, commencement and expiry or period, and include explicit terms/conditions (regulation 11). Keep permit records and clear evidence of delivery to holders.
- Adopt standardised permit‑term templates to ensure consistency with permit cancellation grounds (regulation 12(1)); include compliance reporting requirements where appropriate.
Cancellation process
- If contemplating cancellation, provide written notice to the permit holder specifying the proposal and provide at least 14 days for submissions (regulation 12(2)-(3)). Consider and record submissions before decision (regulation 12(4)).
- Notify decisions within 7 days of deciding to cancel (regulation 12(5)-(6)). Establish internal checklists to ensure statutory timeframes are met.
Inter‑agency consultation
- For hunting prohibition determinations, consult the Game Management Authority before making the determination and document the consultation (regulation 19(5)).
Enforcement and authorised officer training
- Train authorised officers on the reasonable belief standard for directions to leave (regulation 16) and on evidence required to direct dismantling of blinds/tree stands (regulation 58). Prepare incident forms that document the basis for “reasonable belief” and actions taken.

For permit applicants and holders

Application completeness
- Provide the purpose, accurate dates and any supporting material needed to show the activity is consistent with reserve management. Anticipate questions about conservation impacts, public safety and visitor amenity.
Compliance with permit conditions
- Keep a copy of the permit on site; ensure all persons acting under the permit understand and comply with conditions. Non‑compliance is an offence and can lead to cancellation (regulation 13 and regulation 12).
Procedural rights in cancellation
- If you receive notice of proposed cancellation, prepare submissions within the minimum 14‑day window and retain copies of communications for any subsequent administrative review (regulation 12).

For licensed hunters and gundog users

Confirm area and species lists
- Check whether the reserve and the species are listed in Schedules 1-3 and that no hunting prohibition determination covers the intended area (regulation 19(3)-(4), Schedules 1-3). Consult the land manager’s published determinations (regulation 8(3)(b)).
Observe time windows and weapon rules
- Use firearms, bows, crossbows and shotguns only in the specified temporal windows tied to the open season or daily limits (regs 24, 32-33). For specified pest animal control, note the narrow daily window 30 minutes before sunrise to 30 minutes after sunset (reg 32(2)(a)(ii), reg 33(2)(a)(ii)).
Gundog conditions
- Gundogs may be brought into reserves only during defined periods and must be under effective control and restrained from causing danger or unreasonable disturbance (regulation 24).

For traditional owner groups and members

Verify agreement coverage
- Confirm there is a binding traditional owner group agreement that applies to the land. Ensure you are “bound by the agreement” and acting “in accordance with the agreement” before relying on exemptions (regulation 7).
Document compliance with agreement terms
- Keep contemporaneous documentation showing that activities are within the agreement’s scope and that participants are bound members.

For commercial operators, film crews and event organisers

Secure permits for commercial activities and filming
- Commercial activity, advertising, commercial filming and organised events are prohibited without a permit (regs 44-46). Apply early and supply detail on mitigation of impacts, insurance, safety measures and visitor amenity effects.
Comply with building, structure and event rules
- Construction of structures, erecting signs, or using water pumps requires specific permits (regulation 55). For tree stands and blinds, follow dimension and sign‑attachment rules (regulation 57).

For everyday visitors

Check published determinations before entry
- Land managers must publish determinations online. Check the relevant reserve page for set‑asides, hunting prohibitions, camping areas and fishing bans before visiting (regulation 8(3)(b)).
Follow signage on site
- Comply with posted conditions and directions from authorised officers (regulation 10 and regs 16-17).
Hygiene and camping rules
- Camp at least 20 metres from water bodies (regulation 48(1)), do not camp more than 42 consecutive nights (regulation 48(2)), and obey hygiene rules regarding disposal of human waste and soap (regulations 50-51).

Recordkeeping and evidence

Maintain records of permits, determinations, signage placement and website publication timestamps. Those records serve both operational management and evidential needs in the event of enforcement action or review.

Risk management and operational policy

Land managers should develop template permits, standard signage formats that satisfy regulation 10(1)(b)-(c), a documented consultation protocol for Game Management Authority engagement, and internal guidance on how authorised officers exercise discretion (reasonable belief, reasonable time). Standardised operating procedures reduce inconsistencies and administrative review risk.

Financial compliance

Remember that penalties are denominated in penalty units and vary over time. For budgeting and risk assessment, use the current published penalty unit value (Endnotes: $197.59 for 2024-25) but verify the Treasurer’s annual value before relying on it for fines exposure calculations.

By following these concrete steps and documenting actions, stakeholders can reduce the risk of administrative error, enforcement action and potential litigation.

Wildlife (State Game Reserves) Regulations 2024

Plain English Summary

Deep Dive

What it does

Current sections

Wildlife (State Game Reserves) Regulations 2024

Source text: opening excerpt

1 Wildlife (State Game Reserves) Regulations 2024

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply