Nature Conservation (Open Seasons) Order 2004

Nature Conservation (Open Seasons) Order 2004

I make the following order under section 30(1) of the Nature Conservation Act 2002 .

Judy Jackson

Minister for Environment and Planning

PART 1 - Preliminary

1.   Short title

This order may be cited as the Nature Conservation (Open Seasons) Order 2004 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order,

partly protected wildlife has the same meaning as in the Wildlife Regulations 1999 .

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws.

(3)  Any period specified in this order and identified by days or dates is inclusive of those days and dates.

PART 2 - Birds

4.   Open season for wild duck

(1)  In this clause,

wild duck means any bird of a species of the family Anatidae that is a form of partly protected wildlife.

(2)  In the municipal area of King Island, the open season for wild duck in each year is the period starting on the Saturday nearest 8 March of the year and ending on the Sunday immediately before the first Monday in June of the year.

(3)  In any other place, the open season for wild duck in each year is the period starting on the Saturday nearest 8 March of the year and ending on the Sunday nearest 8 June of the year, except where that day immediately precedes the second Monday in June, in which case the period ends on the second Monday in June.

(4)  The open season referred to in subclause (3) does not apply to –

(a) Lake Crescent; or

(b) a stream, swamp or marsh adjoining or draining Lake Crescent.

5.   Open season for short-tailed shearwater (muttonbird): muttonbird licences

(1)  For the holder of a muttonbird licence, the open season for muttonbird in each year is the period starting at 8.00 a.m. on the last Saturday in March of the year and ending on the second Sunday in April of the year, except where that day immediately precedes Easter Monday, in which case the period ends on Easter Monday of the year.

(2)  During the open season, juvenile muttonbirds may be taken from the rookeries specified in Schedule 1 to this order.

6.   Open season for short-tailed shearwater (muttonbird): commercial licences

(1)  For the holder of a commercial muttonbird operator's licence or a commercial muttonbird catcher's licence, the open season for muttonbird in each year is the period starting on 27 March of the year and ending on 30 April of the year.

(2)  During the open season, juvenile muttonbirds may be taken from the rookeries specified in a licence referred to in subclause (1) .

7.   Open season for brown quail

(1)  The open season for brown quail in each year commences on the first Saturday in May and ends on the fifth Sunday following that day.

(2)  The open season for brown quail applies only to that part of the State north of an imaginary line drawn from the easternmost point of the town of Swansea, on the east coast, through the westernmost point of the town of Queenstown to the westernmost point of Macquarie Heads, on the west coast.

8.   Open season for common pheasant

(1)  The open season for common pheasant in each year is the period starting on the Saturday immediately before the second Monday in June of the year and ending on the Sunday immediately before the second Monday in June of the year.

(2)  The open season for common pheasant applies only to –

(a) adult male pheasant; and

(b) the municipal area of King Island.

PART 3 - Mammals

9.   Open season for European fallow deer

The open season for European fallow deer in each year is –

(a) in the case of adult male deer, the period starting on the Saturday nearest 1 March of the year and ending on the fifth Sunday following that Saturday; and

(b) in the case of antlerless deer –

(i) the period starting on the second Saturday following the Saturday nearest 1 March of the year and ending on the third Sunday following the Saturday on which the season started; and

(ii) the period starting on the second Saturday in May of the year and ending on the sixth Sunday following that day, except where that Sunday precedes the second Monday in June, in which case the season ends on that second Monday in June.

10.   Open season for wallaby

(1)  In this order,

wallaby means any mammal of a species of the family Macropodidae that is a form of partly protected wildlife.

(2)  In the municipal areas of Flinders Island and King Island, the open season for wallaby in each year is the period starting on 1 January of the year and ending on 31 December of the year.

(3)  In any other place, the open season for wallaby is the period starting on the fifth Saturday following the Saturday nearest 1 March of the year and ending on the Sunday immediately before the Saturday nearest 1 March of the subsequent year.

PART 4 - Miscellaneous Amendments

11.    National Parks and Wildlife (Open Seasons) Order 2001 revoked

The National Parks and Wildlife (Open Seasons) Order 2001 is revoked.

SCHEDULE 1 - Muttonbird rookeries

Clause 5(2)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 March 2004

This order is administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the order)

(a) determines the open season for certain forms of partly protected wildlife; and

(b) revokes the National Parks and Wildlife (Open Seasons) Order 2001.