New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Game and Feral Animal Control
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Game and Feral Animal Control Act 2002 to make further
provision with respect to the management and regulation of the hunting of game; and
for other purposes.
Clause 1 Game and Feral Animal Control Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Game and Feral Animal Control Amendment Act 2009. 3
2 Commencement 4
(1) This Act commences 3 months after the date of assent to this Act, except 5
as provided by subsection (2). 6
(2) A proclamation may provide for the commencement of a provision of 7
this Act on a day (as appointed by the proclamation) occurring during 8
the period of 3 months after the date of assent. 9
Page 2
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
Schedule 1 Amendment of Game and Feral Animal 1
Control Act 2002 No 64 2
[1] Section 3 Objects 3
Insert "and certain other" after "introduced" in section 3 (a). 4
[2] Section 3, note 5
Omit "Section 5 identifies". Insert instead "Schedule 3 specifies". 6
[3] Section 4 Definitions 7
Insert in alphabetical order: 8
declared public hunting land means public land that is the 9
subject of a declaration in force under section 20. 10
licensed private game reserve means a private game reserve 11
(within the meaning of Part 3A) to which a private game reserve 12
licence relates. 13
private game reserve licence means a licence granted under 14
Part 3A and in force. 15
[4] Section 4, definition of "private land" 16
Omit paragraph (b). 17
[5] Section 4, definition of "public land" 18
Insert after paragraph (b): 19
(b1) national park estate land, or 20
[6] Section 4, definition of "public land" 21
Omit paragraph (e). 22
[7] Section 5 23
Omit the section. Insert instead: 24
5 Game animals for the purposes of this Act 25
(1) For the purposes of this Act, a game animal is any animal 26
specified in Schedule 3 that is living in the wild. 27
(2) The Minister may, by order published on the NSW legislation 28
website, amend Schedule 3: 29
(a) by adding the name or description of any animal, or 30
(b) by omitting or amending any such name or description. 31
Page 3
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(3) The name or description of an animal cannot be added to Part 2 1
of Schedule 3 unless the Minister has consulted the Minister 2
administering the National Parks and Wildlife Act 1974 about the 3
proposed addition. 4
(4) Despite any other provision of this section, the name or 5
description of an animal cannot be added to Schedule 3 if the 6
animal is or is part of a threatened species, population or 7
ecological community within the meaning of the Threatened 8
Species Conservation Act 1995. 9
[8] Section 8 Membership and procedure of Game Council 10
Omit "New South Wales Aboriginal Land Council" from section 8 (2) (e). 11
Insert instead "Minister administering the Aboriginal Land Rights Act 1983". 12
[9] Section 13A 13
Omit the section. Insert instead: 14
13A Delegation 15
(1) The Game Council may delegate to an authorised person the 16
exercise of any of its functions other than this power of 17
delegation. 18
(2) In this section: 19
authorised person means: 20
(a) the chief executive officer of the Game Council, or 21
(b) any other member of staff of the Game Council, or 22
(c) a person of a class prescribed by the regulations. 23
[10] Section 15 Authority conferred by different classes of game hunting 24
licences 25
Omit the note to section 15 (2). Insert instead: 26
Note. In the case of hunting on public land, section 18 provides that a 27
licence does not authorise hunting unless the land is duly declared to be 28
available for hunting. Such a declaration may require hunters to register 29
and obtain written permission to hunt on that land--see section 20 (6). 30
[11] Section 15 (2A) 31
Insert after section 15 (2): 32
(2A) Possession of carcass or skin or other part of game animal 33
A game hunting licence authorises the holder of the licence to 34
possess the carcass, or the skin or any other part, of any game 35
Page 4
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
animal that the licence holder has killed under the authority 1
conferred by the licence. 2
[12] Section 15 (4) 3
Omit "A game". Insert instead "Except as provided by this Act, a game". 4
[13] Sections 15A and 15B 5
Insert after section 15: 6
15A Exemption from certain offences under National Parks and Wildlife 7
legislation 8
The holder of a game hunting licence who hunts a game animal 9
on any public or private land in accordance with this Act does 10
not, in connection with that hunting, commit: 11
(a) any offence under section 45, 56, 58Q, 70 or 98 of the 12
National Parks and Wildlife Act 1974 (or any other 13
provision of that Act or the regulations under that Act) 14
that: 15
(i) involves harming the game animal, or 16
(ii) involves an activity associated with any such lawful 17
hunting (including being accompanied by a dog), or 18
(b) any offence under that Act that involves possessing or 19
exporting, otherwise than for the purposes of sale, the 20
carcase, or the skin or any other part, of a game animal 21
killed by the licence holder. 22
15B Orders and notices under other legislation 23
The following cannot be made or given so as to prevent or 24
interfere with hunting in accordance with the authority conferred 25
by a game hunting licence: 26
(a) an interim protection order within the meaning of the 27
National Parks and Wildlife Act 1974, 28
(b) an order under Division 1 (Stop work orders) of Part 6A of 29
the National Parks and Wildlife Act 1974, 30
(c) an environment protection notice under Chapter 4 of the 31
Protection of the Environment Operations Act 1997. 32
Page 5
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[14] Section 17 Exemptions from licensing 1
Omit section 17 (1) (a) (including the note). Insert instead: 2
(a) a person who is hunting an animal listed in Part 3 of 3
Schedule 3 on private land (including a licensed private 4
game reserve), 5
[15] Section 17 (1) (d) 6
Omit "section 5 (2)". Insert instead "Part 3 of Schedule 3". 7
[16] Section 17 (1) (e) 8
Omit the paragraph. 9
[17] Part 3, Division 3A 10
Insert after Division 3: 11
Division 3A Special provisions relating to hunting native 12
game animals 13
20A Definition 14
In this Division: 15
native game animal means a game animal listed in Part 2 of 16
Schedule 3. 17
20B Quotas on hunting native game animals for non-commercial 18
purposes 19
(1) The Game Council may set annual quotas of native game animals 20
that may be killed or captured by the holders of game hunting 21
licences otherwise than for the purposes of sale. 22
(2) The following provisions apply to the setting of quotas by the 23
Game Council: 24
(a) quotas are to be set on the basis of the best scientific 25
information available of estimated regional population 26
numbers of native game animals, 27
(b) quotas are to be set independently of the number of native 28
game animals permitted to be killed or captured under the 29
authority conferred by licences under the National Parks 30
and Wildlife Act 1974, 31
(c) separate quotas may be set for different species of native 32
game animals and for different parts of the State, 33
(d) quotas may be revised from time to time. 34
Page 6
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
(3) The Game Council is to ensure, by the imposition of licence 1
conditions, that the number of native game animals authorised to 2
be killed or captured by licensed game hunters complies with the 3
relevant quota set by the Game Council. 4
(4) The Game Council is not required to set annual quotas for all 5
species of native game animals in all parts of the State. 6
Accordingly, if during a particular period no quota is set in 7
respect of a particular species or in respect of a particular part of 8
the State, the holder of a game hunting licence is not authorised 9
to hunt, during that period, that particular species of native game 10
animal or any native game animal in that particular part of the 11
State. 12
20C Hunting restrictions in relation to native game animals 13
(1) The Game Council may determine the following matters: 14
(a) the periods during which, and the areas within which, 15
particular species of native game animals may be hunted 16
by licensed game hunters otherwise than for the purposes 17
of sale, 18
(b) requirements with respect to the tagging or other 19
identification, and notification to the Game Council, of 20
native game animals killed or captured by licensed game 21
hunters otherwise than for the purposes of sale, 22
(c) guidelines for the auditing of compliance with this Act of 23
the hunting of native game animals. 24
(2) The Game Council is to ensure, by the imposition of licence 25
conditions, that determinations under this section are complied 26
with by licensed game hunters. 27
(3) The Game Council is to include in its annual report details on the 28
number, as notified to the Game Council, of native game animals 29
killed or captured by licensed game hunters during the reporting 30
year in those parts of the State in which the hunting of native 31
game animals is authorised under this Act. 32
20D Identification test for hunters of native waterfowl 33
(1) A game hunting licence does not authorise the holder of the 34
licence to hunt native game animals that are waterfowl unless the 35
holder has passed an official identification test. 36
(2) In this section: 37
official identification test means a test involving the 38
identification of native waterfowl that: 39
Page 7
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(a) is conducted by or on behalf of the Game Council, or 1
(b) is recognised by the Game Council, 2
and includes a test conducted before the commencement of this 3
section by or on behalf of the Department of Environment and 4
Climate Change in connection with the identification of native 5
waterfowl. 6
[18] Section 21 Grant of licences 7
Insert after section 21 (3): 8
(4) The Game Council may refuse to grant a game hunting licence to 9
a person if, in the previous 10 years, the person has been found 10
guilty of an offence under the Firearms Act 1996 that is, in 11
accordance with section 84 of that Act, an offence that may be (or 12
is required to be) prosecuted on indictment. 13
[19] Section 29 Suspension or cancellation of licences by Game Council 14
Insert after section 29 (4) (b): 15
(b1) if the holder is found guilty of an offence under the 16
Firearms Act 1996 that is, in accordance with section 84 of 17
that Act, an offence that may be (or is required to be) 18
prosecuted on indictment, or 19
[20] Part 3A 20
Insert after Part 3: 21
Part 3A Private game reserves 22
32A Definitions 23
In this Part: 24
operate a private game reserve includes allowing persons to use 25
the private game reserve to hunt game animals. 26
private game reserve means any private land within the 27
boundaries of which: 28
(a) game animals are confined or, in the case of birds, 29
released, and 30
(b) the hunting of those animals is conducted on payment of an 31
admission fee or the giving of other consideration. 32
Page 8
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
32B Licence required to operate private game reserve 1
A person must not operate a private game reserve unless the 2
person is the holder of a private game reserve licence that relates 3
to the private game reserve. 4
Maximum penalty: 100 penalty units in the case of a corporation 5
or 50 penalty units in the case of an individual. 6
32C Authority conferred by private game reserve licence 7
(1) A private game reserve licence authorises, subject to this Act, the 8
holder of the licence to operate the private game reserve to which 9
the licence relates for the purposes of hunting game animals 10
specified in the licence. 11
(2) The authority conferred by a private game reserve licence does 12
not affect any requirement under this Act for a person to hold a 13
game hunting licence in order to hunt game animals in the private 14
game reserve. 15
(3) A private game reserve licence may relate to more than one 16
private game reserve. 17
32D Grant of private game reserve licences 18
(1) Private game reserve licences are to be granted by the Game 19
Council. 20
(2) The Game Council must approve or refuse applications for 21
private game reserve licences in accordance with this Act and the 22
regulations. 23
(3) The Game Council must refuse to grant a private game reserve 24
licence to a person: 25
(a) if the person has been found guilty of an offence in New 26
South Wales or elsewhere (in the previous 10 years) 27
involving cruelty or harm to animals, personal violence, 28
damage to property or unlawful entry into land, or 29
(b) if the person has been found guilty of an offence under 30
section 55, or 31
(c) if the person is not, in the opinion of the Game Council, a 32
fit and proper person to hold the licence, or 33
(d) in such other circumstances as are prescribed by the 34
regulations. 35
Page 9
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
32E Conditions of private game reserve licences 1
(1) Private game reserve licences may be granted unconditionally or 2
subject to conditions. 3
(2) After granting a private game reserve licence, the Game Council 4
may, by notice in writing to the holder of the licence: 5
(a) impose conditions or further conditions on the licence, or 6
(b) vary or revoke any of the conditions to which the licence 7
is subject. 8
(3) The Minister may also determine that the conditions imposed by 9
the Game Council on a private game reserve licence may require 10
the holder of the licence to provide a financial assurance, in the 11
form of a bond to be held by the Game Council, of such amount 12
as may be determined by the Minister. The conditions of the 13
licence may provide for the circumstances under which the 14
financial assurance may be called on or used. 15
(4) A private game reserve licence is also subject to such conditions 16
as are imposed by this Act or prescribed by the regulations. Any 17
such condition cannot be varied or revoked by the Game Council 18
under this section. 19
(5) A condition under this section may restrict or limit an activity 20
authorised by the licence (including the hunting of game animals 21
that are specified in the licence). 22
(6) The holder of a private game reserve licence must not contravene 23
any condition to which the licence is subject. 24
Maximum penalty (subsection (6)): 100 penalty units in the case 25
of a corporation or 50 penalty units in the case of an individual. 26
32F Code of practice for licensed private game reserves 27
(1) The Game Council is to approve a code of practice in respect of 28
licensed private game reserves. The code is to be published on the 29
website of the Game Council. 30
(2) The code is to identify the provisions that must be observed by 31
the holders of private game reserve licences (including the 32
manner in which hunting is conducted on private game reserves). 33
(3) Compliance with the provisions of the code is a condition of a 34
private game reserve licence. 35
Page 10
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
32G Offence of failing to contain game animals in game reserve 1
(1) The holder of a private game reserve licence must not cause or 2
allow a game animal (other than a bird) to escape from the private 3
game reserve to which the licence relates. 4
Maximum penalty: 100 penalty units in the case of a corporation 5
or 50 penalty units in the case of an individual. 6
(2) It is a defence to prosecution for an offence under subsection (1) 7
if it is demonstrated that the defendant took all reasonable steps 8
to prevent the escape of the game animal and, after the escape, 9
took all reasonable steps to capture or kill the game animal. 10
32H Compliance directions by inspectors 11
(1) An inspector may give a direction to the holder of a private game 12
reserve licence (a compliance direction) requiring the holder to 13
take or cease the action specified in the direction for the purpose 14
of ensuring that the holder complies with this Act, the regulations 15
and the conditions of the private reserve game licence. 16
(2) A compliance direction is to be given in writing either personally 17
or by post. A direction given by post to a person for the purposes 18
of this Act is to be treated as being properly addressed if it is 19
addressed to the last known address of the person known to the 20
inspector giving the direction. 21
(3) A compliance direction may specify a reasonable time in which 22
a particular action must be taken or ceased. 23
(4) A person who is given a compliance direction under this section 24
must not, without reasonable excuse, fail to comply with the 25
direction. 26
Maximum penalty: 100 penalty units in the case of a corporation 27
or 50 penalty units in the case of an individual. 28
(5) An inspector may amend or revoke a direction under this section 29
in the same manner that the inspector may give the direction. 30
(6) A person who is dissatisfied with the decision of an inspector to 31
give, amend or revoke a compliance direction may apply to the 32
Administrative Decisions Tribunal for a review of that decision. 33
32I Costs of complying with compliance direction 34
(1) A person who is given a compliance direction is liable for any 35
costs incurred in complying with the direction. 36
(2) An inspector, or a person engaged by the inspector, may carry out 37
some or all of the requirements of a compliance direction if: 38
Page 11
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(a) the person to whom the direction is given fails, without 1
reasonable excuse, to comply with the direction within a 2
reasonable time, or 3
(b) the inspector considers that the requirements of the 4
direction need to be carried out urgently. 5
(3) If an inspector, or a person engaged by the inspector, carries out 6
some or all of the requirements of a compliance direction in 7
accordance with this section, the reasonable costs of carrying out 8
those requirements may be recovered as a debt by the Game 9
Council in a court of competent jurisdiction from the person to 10
whom the direction was given. 11
(4) In any proceedings for the recovery of any debt referred to in this 12
section, a certificate signed by the chief executive officer stating 13
the amount of the costs and the manner in which they were 14
incurred is evidence of the matters certified. 15
32J Suspension or cancellation of private game reserve licences by 16
Game Council 17
(1) The Game Council may suspend or cancel a private game reserve 18
licence as provided by this section. 19
(2) The Game Council is to cancel a private game reserve licence if 20
the holder is not qualified, or is no longer qualified, to hold the 21
licence. 22
(3) The Game Council is to suspend or cancel a private game reserve 23
licence: 24
(a) if the holder contravenes any mandatory provision of the 25
code of practice referred to in section 32F, or 26
(b) if the holder is found guilty of an offence in New South 27
Wales or elsewhere involving cruelty to animals, or 28
(c) if the holder has been found guilty of an offence under 29
section 55. 30
(4) The Game Council may suspend or cancel a private game reserve 31
licence: 32
(a) if the holder contravenes a condition of the licence, or 33
(b) if the holder is found guilty of an offence in New South 34
Wales or elsewhere involving harm to animals, personal 35
violence, damage to property or unlawful entry into land, 36
or 37
(c) in such other circumstances as are prescribed by the 38
regulations. 39
Page 12
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
(5) The Game Council may, if it cancels a private game reserve 1
licence, disqualify the person who held the licence from holding 2
or obtaining such a licence for a period specified by the Game 3
Council. 4
(6) The Game Council may at any time remove the suspension of a 5
private game reserve licence (except a suspension imposed by a 6
court). 7
32K Suspension or cancellation of private game reserve licences by 8
court in connection with offence 9
(1) A court that convicts the holder of a private game reserve licence 10
of a game hunting offence may, by order: 11
(a) cancel or suspend the licence, and 12
(b) disqualify the convicted person from holding or obtaining 13
such a licence for a period specified by the court. 14
(2) Any disqualification under this section is in addition to any 15
penalty imposed for the offence. 16
(3) In this section, a game hunting offence means: 17
(a) any offence against this Act or the regulations, or 18
(b) any offence relating to hunting for game that causes the 19
death or injury of a person or damage to property, or that 20
causes a risk of any such death, injury or damage. 21
32L Other provisions relating to private game reserve licences 22
Sections 25-27, 31 and 32 apply to and in respect of private game 23
reserve licences in the same way as those sections apply to and in 24
respect of game hunting licences. 25
32M Exemption from certain offences under other legislation 26
(1) Non-Indigenous Animals Act 1987 27
The holder of a private game reserve licence who keeps game 28
animals on the licensed private game reserve does not, in 29
connection with the keeping of those game animals, commit an 30
offence under section 11 (Keeping of animals) of the 31
Non-Indigenous Animals Act 1987. 32
(2) National Parks and Wildlife Act 1974 33
The holder of a private game reserve licence who keeps game 34
animals on the licensed private game reserve does not, in 35
connection with the keeping of those game animals, commit an 36
offence under section 101 (Buying, selling or possessing 37
Page 13
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
protected fauna) of the National Parks and Wildlife Act 1974 to 1
the extent that the offence relates to the possession of those game 2
animals. 3
(3) The holder of a private game reserve licence, or any person 4
authorised by the licence holder, who releases, on the licensed 5
private game reserve, a bird that is a game animal does not, in 6
connection with the release of that bird, commit an offence under 7
section 109 (Unlawful liberation of animals) of the National 8
Parks and Wildlife Act 1974. 9
[21] Section 44 Power to detain and search vehicles or vessels 10
Omit section 44 (3). 11
[22] Section 45 Power of seizure 12
Omit "A Local Court must not order the forfeiture of a thing unless satisfied 13
that the value of the thing does not exceed $10,000." from section 45 (4). 14
[23] Section 48 Provisions relating to requirements under this Division 15
Insert before section 48 (1): 16
(1A) Warning to be given on each occasion 17
A person is not guilty of an offence of failing to comply with a 18
requirement under this Division to make a statement, to give or 19
furnish information, to answer a question or to produce a 20
document unless the person was warned on that occasion that a 21
failure to comply is an offence. 22
[24] Section 50 Offences relating to inspectors 23
Omit "or impede" from section 50 (c). 24
Insert instead ", impede, assault, threaten or intimidate". 25
[25] Section 50A 26
Insert after section 50: 27
50A Direction to leave or not to enter declared public hunting land 28
(1) An inspector who has reason to believe that a person is 29
committing a game hunting offence may direct the person to 30
leave or not to enter any declared public hunting land. 31
(2) A person to whom such a direction is given must comply with the 32
direction. 33
Maximum penalty: 50 penalty units. 34
Page 14
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[26] Section 54A 1
Insert after section 54: 2
54A Requirements for commercial taxidermists 3
(1) A person who carries on business as a taxidermist must not 4
preserve or prepare the skin of a game animal listed in Part 1 or 2 5
of Schedule 3 unless the taxidermist: 6
(a) is satisfied that the animal has been hunted by the holder of 7
a game hunting licence (or by a person with some other 8
lawful authorisation to hunt the animal), and 9
(b) records the following information: 10
(i) the name of the person who hunted the game animal 11
and the details of their game hunting licence or other 12
lawful authorisation, 13
(ii) the date on which the taxidermist received the 14
carcase or other relevant part of the game animal. 15
(2) The taxidermist must make any such record available for 16
inspection by an inspector at any reasonable time if requested to 17
do so by the inspector. 18
Maximum penalty: 50 penalty units. 19
[27] Section 55 Offence of releasing animals for the purpose of hunting 20
Insert at the end of the section: 21
(2) A person does not commit an offence under subsection (1) if the 22
game animal is released on a licensed private game reserve in 23
accordance with a private game reserve licence. 24
[28] Sections 55A and 55B 25
Insert after section 55: 26
55A Offence to approach persons lawfully hunting on declared public 27
hunting land 28
A person must not approach within 10 metres of another person 29
(the hunter) who is lawfully hunting on declared public hunting 30
land in accordance with this Act unless the person: 31
(a) is the holder of a game hunting licence authorising the 32
person to hunt game animals on the declared public 33
hunting land, or 34
(b) is an inspector or police officer acting in the course of his 35
or her duty, or 36
Page 15
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(c) has been given permission by the hunter to approach the 1
hunter. 2
Maximum penalty: 50 penalty units. 3
55B Offence of interfering with persons lawfully hunting 4
A person must not interfere with, harass, hinder or obstruct a 5
person who is lawfully hunting game animals in accordance with 6
this Act. 7
Maximum penalty: 50 penalty units. 8
[29] Schedule 1 Provisions relating to members and procedure of Game 9
Council 10
Insert in alphabetical order in clause 1: 11
Deputy Chairperson means the Deputy Chairperson of the Game 12
Council. 13
[30] Schedule 1, clause 4A 14
Insert after clause 4: 15
4A Deputy Chairperson 16
(1) The appointed members of the Game Council are to elect, by a 17
simple majority, a Deputy Chairperson from among the 18
appointed members. 19
(2) The person may be elected for the duration of the person's term 20
of office as a member or for a shorter term. 21
(3) The Deputy Chairperson vacates office as Deputy Chairperson if 22
he or she: 23
(a) is removed from that office by the Minister under this 24
clause, or 25
(b) resigns that office by instrument in writing addressed to 26
the Minister, or 27
(c) ceases to be a member of the Game Council. 28
(4) The Minister may at any time remove the Deputy Chairperson 29
from office as Deputy Chairperson. 30
[31] Schedule 1, clause 14 31
Omit clause 14 (1). Insert instead: 32
(1) The Chairperson or, in the absence of the Chairperson, the 33
Deputy Chairperson, is to preside at a meeting of the Game 34
Council. 35
Page 16
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
(1A) In the absence of both the Chairperson and the Deputy 1
Chairperson, another member elected to chair the meeting by the 2
members present is to preside at a meeting of the Game Council. 3
[32] Schedule 3 4
Insert after Schedule 2: 5
Schedule 3 Game animals 6
(Section 5) 7
Part 1 Non-indigenous game animals (licence 8
required to hunt on public or private land) 9
Birds 10
Bobwhite Quail (Colinus virginianus) 11
California Quail (Lophortyx callipepla californicus) 12
Guinea Fowl (Numida meleagris) 13
Mallard Duck (Anas platyrhynchos) 14
Partridge (Alectors alectoris chukar) 15
Peafowl (Pavo cristatus) 16
Pheasant (Phasiniacus phasianus colchicus) 17
Spotted Dove (Streptopelia chinensis) 18
Turkey (Meleagris galloparvo galloparvo) 19
Other animals 20
Deer (Family cervidae) 21
Part 2 Native game animals (licence required to 22
hunt on public or private land) 23
Ducks 24
Australian Shelduck (or Mountain Duck) (Tadorna tadornoides) 25
Australian Wood Duck (or Maned Duck) (Chenonetta jubata) 26
Black Duck (or Pacific Black Duck) (Anas superciliosa) 27
Blue-winged Shoveler (or Australasian Shoveler) (Anas rhynchotis) 28
Chestnut Teal (Anas castanea) 29
Grass Duck (or Plumed Whistling Duck) (Dendrocygna eytoni) 30
Grey Teal (Anas gibberifrons) 31
Hardhead Duck (or White-eyed Duck) (Aythya australia) 32
Pink-eared Duck (Malacorhynchus membranaceus) 33
Water Whistling Duck (or Wandering Whistling Duck, Whistling or 34
Wandering Tree Duck) (Dendrocygna arcuata) 35
Page 17
Game and Feral Animal Control Amendment Bill 2009
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
Quails 1
Brown Quail (Coturnix ypsilophora) 2
Stubble Quail (Coturnix pectoralis) 3
Other birds 4
Australian White Ibis (Threskiornis molucca) 5
Black Swan (Cygnus atratus) 6
Common Bronzewing Pigeon (Phaps chalcoptera) 7
Galah (Eolophus roseicapilla) 8
Little Corella (Cacatua sanguinea) 9
Long-billed Corella (Cacatua tenuirostris) 10
Purple Swamphen (Porphyrio porphyrio) 11
Straw Necked Ibis (Threskiornis spinicollis) 12
Sulphur Crested Cockatoo (Cacatua galerita) 13
Topknot Pigeon (Lopholaimus antarcticus) 14
Kangaroos 15
Eastern Grey Kangaroo (Macropus giganteus) 16
Euro (Macropus robustus) 17
Red Kangaroo (Macropus rufus) 18
Western Grey Kangaroo (Macropus fuliginosus) 19
Part 3 Non-indigenous animals (licence required 20
to hunt on public land only) 21
Note. A game hunting licence is not required for hunting the animals listed in this Part 22
on private land, and accordingly is only required if the animals are living in the wild on 23
public land--see section 17. 24
Amphibians 25
Cane Toad (Bufo marinus) 26
Birds 27
Canada Goose (Branta canadensis) 28
Common Pigeon (Columba livia) 29
Domestic Goose (Anser anser domesticus and Anser cygnoides domesticus) 30
European Blackbird (Turdus merula) 31
European Goldfinch (Carduelis carduelis) 32
European Greenfinch (Carduelis chloris) 33
House Crow (vagrant) (Corvus splendens) 34
House Sparrow (Passer domesticus) 35
Hungarian Partridge (Perdix perdix) 36
Indian Myna (Acridotheres tristis) 37
Indian Ringneck (vagrant) (Psittacula krameri) 38
Muscovy Duck (Cairina moschate) 39
Page 18
Game and Feral Animal Control Amendment Bill 2009
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
Red-whiskered Bulbul (Pycnonotus jocosus) 1
Rock Dove (or Feral Pigeon) (Columba livia) 2
Skylark (Alauda arvensis) 3
Song Thrush (Turdus philomelus) 4
Starling (Sturnus vulgaris) 5
Tree Sparrow (Passer montanus) 6
Other animals living in the wild 7
Cat 8
Dog (other than dingo) 9
Goat 10
Fox 11
Hare 12
Rabbit 13
Pig 14
[33] Schedule 4 Savings, transitional and other provisions 15
Insert at the end of clause 1 (1): 16
Game and Feral Animal Control Amendment Act 2009 17
Page 19
Game and Feral Animal Control Amendment Bill 2009
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Game and Feral Animal Control Regulation 2004 2
[1] Clause 3 Definitions 3
Omit "section 5 (1) of" from the definition of commercial hunting in clause 4
3 (1). 5
Insert instead "Part 1 of Schedule 3 to". 6
[2] Clause 7 Commercial hunters and hunting guides to be licensed 7
Omit the clause. 8
[3] Clause 11 Commercial hunters licence 9
Omit "section 5 (1) of". Insert instead "Part 1 of Schedule 3 to". 10
[4] Clause 14 Licence applications for game hunting licences and private 11
game reserve licences 12
Insert "or private game reserve licence" after "game hunting licence" 13
wherever occurring. 14
[5] Clause 15 Maximum duration of licences 15
Omit "to remain in force for 1, 3 or 5 years". 16
Insert instead "for a period of 1, 2, 3, 4 or 5 years". 17
[6] Clause 15 (2) 18
Insert at the end of the clause: 19
(2) A private game reserve licence may be granted for a period 20
of 1, 2, 3, 4 or 5 years. 21
[7] Clause 16 22
Omit the clause. Insert instead: 23
16 Licence fees 24
(1) Application fee for general game hunting licence 25
The fee payable in respect of an application for a general game 26
hunting licence (G-licence) is as follows: 27
(a) for a standard G-licence: 28
(i) $65 for a 1 year licence, 29
Page 20
Game and Feral Animal Control Amendment Bill 2009
Amendment of other legislation Schedule 2
(ii) $125 for a 2 year licence, 1
(iii) $185 for a 3 year licence, 2
(iv) $245 for a 4 year licence, 3
(v) $305 for a 5 year licence, 4
(b) for a standard G-licence at the concessional rate: 5
(i) $45 for a 1 year licence, 6
(ii) $86 for a 2 year licence, 7
(iii) $126 for a 3 year licence, 8
(iv) $167 for a 4 year licence, 9
(v) $207 for a 5 year licence, 10
(c) for a visitors G-licence--$110, 11
(d) for a hunting guide G-licence: 12
(i) $150 for a 1 year licence, 13
(ii) $294 for a 2 year licence, 14
(iii) $438 for a 3 year licence, 15
(iv) $582 for a 4 year licence, 16
(v) $726 for a 5 year licence, 17
(e) for a commercial hunters G-licence: 18
(i) $250 for a 1 year licence, 19
(ii) $494 for a 2 year licence, 20
(iii) $738 for a 3 year licence, 21
(iv) $982 for a 4 year licence, 22
(v) $1,226 for a 5 year licence. 23
(2) Application fee for restricted game hunting licence 24
The fee payable in respect of an application for a restricted game 25
hunting licence (R-licence) is as follows: 26
(a) for a standard R-licence: 27
(i) $74 for a 1 year licence, 28
(ii) $143 for a 2 year licence, 29
(iii) $212 for a 3 year licence, 30
(iv) $281 for a 4 year licence, 31
(v) $350 for a 5 year licence, 32
Page 21
Game and Feral Animal Control Amendment Bill 2009
Schedule 2 Amendment of other legislation
(b) for a standard R-licence at the concessional rate: 1
(i) $52 for a 1 year licence, 2
(ii) $99 for a 2 year licence, 3
(iii) $145 for a 3 year licence, 4
(iv) $192 for a 4 year licence, 5
(v) $239 for a 5 year licence, 6
(c) for a visitors R-licence--$110, 7
(d) for a hunting guide R-licence: 8
(i) $175 for a 1 year licence, 9
(ii) $344 for a 2 year licence, 10
(iii) $513 for a 3 year licence, 11
(iv) $682 for a 4 year licence, 12
(v) $851 for a 5 year licence, 13
(e) for a commercial hunters R-licence: 14
(i) $290 for a 1 year licence, 15
(ii) $574 for a 2 year licence, 16
(iii) $858 for a 3 year licence, 17
(iv) $1,142 for a 4 year licence, 18
(v) $1,426 for a 5 year licence. 19
(3) Application fee for upgrade of G-licence to R-licence 20
The fee payable in respect of an application for a R-licence that 21
is to be issued as an upgrade of a G-licence held by a person 22
(being a R-licence of the same type as the G-licence and issued 23
to be in force for the remainder of the period of the G-licence) is 24
as follows: 25
(a) for a standard R-licence--$34 plus $9 for each year (or 26
part of each year) remaining on the current licence, 27
(b) for a standard R-licence at the concessional rate--$34 28
plus $7 for each year (or part of each year) remaining on 29
the current licence, 30
(c) for a hunting guide R-licence--$34 plus $25 for each year 31
(or part of each year) remaining on the current licence, 32
(d) for a commercial hunters R-licence--$34 plus $40 for 33
each year (or part of each year) remaining on the current 34
licence. 35
Page 22
Game and Feral Animal Control Amendment Bill 2009
Amendment of other legislation Schedule 2
(4) Application fee for private game reserve licence 1
The fee payable in respect of an application for a private game 2
reserve licence is as follows: 3
(a) for a 1 year licence--$2,000, 4
(b) for a 2 year licence--$3,994, 5
(c) for a 3 year licence--$5,988, 6
(d) for a 4 year licence--$7,982, 7
(e) for a 5 year licence--$9,976. 8
(5) Fee for grant of game hunting licence 9
A fee is payable to the Game Council in respect of the grant of a 10
game hunting licence. 11
(6) The amount of the fee for the grant of a game hunting licence is 12
to be determined by the Minister and is to cover the costs incurred 13
by the Game Council in taking out public liability insurance on 14
behalf of the licence holder. 15
(7) Fee for grant of replacement licence 16
The fee payable for the grant of a licence to replace a licence that 17
has been lost, destroyed or defaced is $34. The replacement 18
licence is to be issued for the period that is the remainder of the 19
period of the licence it replaces. 20
(8) Eligibility for concessional rate 21
For the purposes of subclauses (1) (b), (2) (b) and (3) (b), a person 22
may apply for a game hunting licence at the concessional rate 23
only if the person: 24
(a) is under 18 years of age, or 25
(b) is a pensioner (within the meaning of paragraph (a) or (b) 26
of the definition of pensioner in section 3 (1) of the Motor 27
Vehicles Taxation Act 1988). 28
(9) Exemptions 29
The Game Council may, in such cases as it thinks fit, waive or 30
wholly or partly refund any fee referred to in this clause that 31
would otherwise be payable or has been paid. 32
Page 23
Game and Feral Animal Control Amendment Bill 2009
Schedule 2 Amendment of other legislation
[8] Clause 20 Notice of proposed declaration of hunting land 1
Omit "the rural lands protection board for the rural lands protection district" 2
from clause 20 (2). 3
Insert instead "the livestock health and pest authority for the livestock health 4
and pest district". 5
[9] Schedule 1 Conditions of game hunting licences 6
Omit the definition of declared public hunting land from clause 1 (3). 7
[10] Schedule 1, Part 2, heading 8
Omit "section 5 (1)". Insert instead "certain". 9
[11] Schedule 1, Part 2 10
Omit the note at the beginning of the Part. 11
[12] Schedule 1, clause 7A 12
Insert before clause 7: 13
7A Game animals to which this Part applies 14
This Part applies to game animals listed in Part 1 or 2 of 15
Schedule 3 to the Act. 16
[13] Schedule 1, clauses 7 (1), 8 (1) and 9 (1) 17
Omit "listed in section 5 (1) of the Act" wherever occurring. 18
Insert instead "to which this Part applies". 19
[14] Schedule 1, clause 10 (2) 20
Omit the subclause. Insert instead: 21
(2) In this clause, game bird means any bird listed in Part 1 or 2 of 22
Schedule 3 to the Act. 23
[15] Schedule 3 Penalty notice offences 24
Insert in appropriate order in Columns 1 and 2, respectively: 25
Section 54A of the Act $500
Section 55A of the Act $500
Section 55B of the Act $500
Page 24
Game and Feral Animal Control Amendment Bill 2009
Amendment of other legislation Schedule 2
2.2 Prevention of Cruelty to Animals Act 1979 No 200 1
[1] Section 19 Trap-shooting prohibited 2
Insert at the end of the section: 3
(2) Subsection (1) does not apply to or in respect of the hunting of 4
animals on a licensed private game reserve (within the meaning 5
of the Game and Feral Animal Control Act 2002) in accordance 6
with the private game reserve licence concerned. 7
[2] Section 19A Game parks prohibited 8
Omit the section. 9
[3] Section 20 Certain animal-catching activities prohibited 10
Insert at the end of the section: 11
(2) Subsection (1) does not apply to or in respect of the hunting of 12
animals on a licensed private game reserve (within the meaning 13
of the Game and Feral Animal Control Act 2002) in accordance 14
with the private game reserve licence concerned. 15
[4] Section 24 Certain defences 16
Omit section 24 (2). 17
2.3 Rural Lands Protection Act 1998 No 143 18
[1] Section 143 Minister may make pest control orders 19
Insert after section 143 (5): 20
(5A) The Minister may not make a pest control order in relation to 21
game animals that are kept on a licensed private game reserve 22
within the meaning of the Game and Feral Animal Control 23
Act 2002. 24
[2] Section 144 When can a pest control order be made? 25
Omit "section 5 (1) of" from section 144 (2) (b). 26
Insert instead "Part 1 of Schedule 3 to". 27
Page 25
Game and Feral Animal Control Amendment Bill 2009
Schedule 2 Amendment of other legislation
2.4 Western Lands Act 1901 No 70 1
Section 44A 2
Insert after section 44: 3
44A Private game reserves 4
The granting of a private game reserve licence under Part 3A of 5
the Game and Feral Animal Control Act 2002 in respect of any 6
land leased under this Act is, despite any other provision of this 7
Act, taken to authorise the use of that land for the purpose of a 8
private game reserve within the meaning of that Part. 9
Page 26
[Index] [Search] [Download] [Related Items] [Help]