Wildlife Amendment Regulations 2006

Wildlife Amendment Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under Nature Conservation Act 2002 .

16 February 2006

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Environment and Planning

1.   Short title

These regulations may be cited as the Wildlife Amendment Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Wildlife Regulations 1999 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of trez tine the following definition:

wetland means a marsh, mudflat or other expanse of land that is, permanently, intermittently or cyclically, inundated with water, whether –

(a) the water is static or flowing; or

(b) the water is fresh, brackish or salt; or

(c) the inundation occurs as a result of a natural or artificial process.

5.    Regulation 8 substituted

Regulation 8 of the Principal Regulations is rescinded and the following regulation is substituted:

8.   Holder of licence or permit to provide return

(1)  The secretary may direct the holder of a licence or permit to provide the Secretary with a return, in a form approved by the Secretary, giving such particulars as the Secretary specifies.

(2)  The holder of a licence or permit must comply with a direction under subregulation (1)  –

(a) on or before the date specified in the direction; or

(b) where no date is specified in the direction, within 28 days after the end of the period for which the licence or permit is issued.

Penalty:  Fine not exceeding 50 penalty units.

6.    Regulation 17 amended (Partly protected wildlife)

Regulation 17(4)(c) of the Principal Regulations is amended by omitting "who holds a commercial muttonbird operator’s licence." and substituting "authorised under the Meat Hygiene Act 1985 to process juvenile muttonbirds.".

7.    Regulation 34 amended (Special provisions as to wild duck)

Regulation 34 of the Principal Regulations is amended by inserting after subregulation (6) the following subregulations:

(7)  Except with the permission of the Secretary, a person who, during the open season for the taking of wild duck, is on any –

(a) wetland; or

(b) lake, dam, harbour, estuary or lagoon; or

(c) river, creek, canal or other watercourse;

must not have possession of, or use, ammunition containing lead shot for the purpose of taking wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(8)  Except with the permission of the Secretary, a person must not, during the open season for the taking of wild duck, discharge lead shot from a firearm onto or across any –

(a) wetland; or

(b) lake, dam, harbour, estuary or lagoon; or

(c) river, creek, canal or other watercourse.

Penalty:  Fine not exceeding 50 penalty units.

8.    Schedule 9 amended (Licences)

Part 3 of Schedule 9 to the Principal Regulations is amended as follows:

(a) by omitting the item relating to Commercial muttonbird operator's licence;

(b) by omitting the item relating to Commercial muttonbird catcher's licence and substituting the following item:

Commercial muttonbird catcher's licence	A licence authorising the holder -	0
	(a) to take juvenile muttonbirds on the rookeries specified in the licence during the open season specified in the licence; and
	(b) to sell any juvenile muttonbirds taken by the holder in pursuance of the licence to a person who is authorised under the Meat Hygiene Act 1985 to process juvenile muttonbirds or to the person in charge of any such authorised operation.

9.    Schedule 11 amended (Prescribed offences in relation to which an infringement notice may be issued)

Schedule 11 to the Principal Regulations is amended by inserting after item 7 the following item:

7A.

26(2)

2

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

Notified in the Gazette on 1 March 2006

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Wildlife Regulations 1999 by –

(a) providing for the lodgement of returns by the holders of game licences and permits; and

(b) prescribing an infringement notice offence and applicable penalty in respect of the bag limit for juvenile muttonbirds; and

(c) making further provision in relation to the use and possession of ammunition containing lead shot during the open season for wild duck; and

(d) revising the provisions in respect of certain commercial muttonbird licences and fees.