Wildlife Amendment Regulations 2007

Wildlife Amendment Regulations 2007

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 the Nature Conservation Act 2002 .

19 February 2007

W. J. E. COX

Governor

By His Excellency's Command,

P. WRIEDT

Minister for Tourism, Arts and the Environment Acting for and on behalf of the Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Wildlife Amendment Regulations 2007 .

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 29 amended (Use of bait, firearm, &c.)

Regulation 29 of the Principal Regulations is amended by omitting subregulation (5) and substituting the following subregulations:

(5)  Except with the permission of the Secretary, a person must not discharge a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife if the person is –

(a) in a conveyance; or

(b) within 10 metres of a conveyance that the person has left for the purpose of taking wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(5A)  However, subregulation (5) does not apply to a person taking wild duck if the person –

(a) is in a vessel that is not underway; and

(b) takes the wild duck in accordance with a licence or permit.

(5B)  For the purposes of subregulation 5A, a vessel is taken to be underway if it is being propelled directly or indirectly by one or more of the following:

(a) an engine;

(b) a sail;

(c) an oar, paddle or pole.

5.    Regulation 33 amended (Special provisions as to deer)

Regulation 33 of the Principal Regulations is amended by inserting after subregulation (4) the following subregulation:

(4A)  A person must not affix a prescribed tag to a deer if it is a tag that has been issued to another person.

Penalty:  Fine not exceeding 50 penalty units.

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

Regulation 34 of the Principal Regulations is amended by omitting subregulation (5) and substituting the following subregulation:

(5)  A person must not –

(a) remove the head from a wild duck that has had its wings removed; or

(b) remove the wings from a wild duck that has had its head removed –

unless the person is at the residence, camp or shack of the holder of the licence under which the wild duck was taken.

Penalty:  Fine not exceeding 50 penalty units.

7.    Regulation 56 amended (False or misleading statements in applications)

Regulation 56 of the Principal Regulations is amended as follows:

(a) by omitting "make" and substituting ", in";

(b) by inserting ", state anything" after "permit".

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

Notified in the Gazette on 28 February 2007

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Wildlife Regulations 1999 by providing that –

(a) the prohibition on discharging firearms from or near vehicles in order to take certain protected wildlife extends, except in limited circumstances, to vessels and aircraft; and

(b) it is an offence for a person to affix a tag to a deer if it is a tag that has been issued to another person; and

(c) it is an offence to remove the head and wings from a wild duck except at the residence, camp or shack of the holder of the licence under which the wild duck was taken; and

(d) the offence of making a false or misleading statement in an application under the regulations extends to every person involved in preparing the application.