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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Game and Feral Animal Control Further
Amendment Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Game and Feral Animal Control Act 2002
No 64 3
Schedule 2 Amendment of National Parks and Wildlife Act 1974
No 80 8
b2012-109-35.d05
New South Wales
Game and Feral Animal Control Further
Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Game and Feral Animal Control Act 2002 and the National
Parks and Wildlife Act 1974 to make further provision with respect to the hunting or
killing of game birds and other game animals; and for other purposes.
Clause 1 Game and Feral Animal Control Further Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Game and Feral Animal Control Further Amendment 3
Act 2012. 4
2 Commencement 5
This Act commences on 27 December 2012. 6
Page 2
Game and Feral Animal Control Further Amendment Bill 2012
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 4 Definitions 3
Insert in alphabetical order: 4
game management licence means a licence granted under 5
Part 3A and in force. 6
[2] Section 6A Exemptions from certain offences under National Parks and 7
Wildlife legislation 8
Insert after section 6A (2) (as inserted by the Game and Feral Animal Control 9
Amendment Act 2012): 10
(2A) A person who is authorised by or under a game management 11
licence to kill a game animal under the authority conferred by the 12
licence does not, in connection with that authorised activity, 13
commit: 14
(a) any offence under the National Parks and Wildlife Act 15
1974 or the regulations under that Act that involves 16
harming the game animal, or 17
(b) any offence under that Act that involves possessing or 18
exporting (otherwise than for the purposes of sale) the 19
carcass, or the skin or any other part, of the game animal. 20
[3] Section 14 Classes of game hunting licences 21
Omit "this Act". Insert instead "this Part". 22
[4] Section 15 Authority conferred by different classes of game hunting 23
licences 24
Insert "(other than game animals listed in Part 1A of Schedule 3)" after "game 25
animals" in section 15 (2). 26
[5] Section 17 Exemptions from requirement for game hunting licence 27
Insert after section 17 (1) (a): 28
(a1) a person who is carrying on activities authorised by or 29
under a game management licence, 30
Page 3
Game and Feral Animal Control Further Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[6] Part 3A 1
Insert after Part 3: 2
Part 3A Game management licences 3
32A Game management licences 4
(1) The Game Council may grant a licence (a game management 5
licence) authorising the owner or occupier of specified land: 6
(a) to kill, or 7
(b) to permit the holder of a game hunting licence to kill, 8
a specified number of game animals of a specified class found on 9
that land otherwise than for the purposes of sale. 10
(2) A game management licence also authorises the person who has 11
killed a game animal under the authority of the licence to possess 12
the carcass, or the skin or any other part, of the game animal. 13
(3) The authority conferred by a game management licence is subject 14
to this Act. 15
(4) Except as provided by section 6A (2A), a game management 16
licence does not authorise a person to contravene any prohibition 17
or restriction imposed by or under any other Act. 18
32B Application of provisions relating to game hunting licences to 19
game management licences 20
(1) Division 4 of Part 3 applies to or in respect of game management 21
licences in the same way as it applies to or in respect of game 22
hunting licences. 23
(2) Accordingly, a reference in that Division to a game hunting 24
licence is taken to include a reference to a game management 25
licence. 26
(3) This section is subject to the regulations. 27
Page 4
Game and Feral Animal Control Further Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[7] Part 4A 1
Insert after Part 4: 2
Part 4A Special provisions relating to native game 3
birds 4
52A Definitions 5
In this Part: 6
licence means a game hunting licence or game management 7
licence and licence holder means the holder of any such licence. 8
native game bird means a game animal listed in Part 1A of 9
Schedule 3. 10
52B Quotas on hunting or killing native game birds 11
(1) The Game Council may set annual quotas of native game birds 12
that may be hunted or killed under the authority conferred by a 13
licence. 14
(2) The following provisions apply to the setting of quotas by the 15
Game Council: 16
(a) quotas are to be set on the basis of the best scientific 17
information available of the estimated regional population 18
of native game birds, 19
(b) quotas are to be set independently of the number of native 20
game birds permitted to be killed or captured under the 21
authority conferred by commercial fauna harvesters' 22
licences under the National Parks and Wildlife Act 1974, 23
(c) separate quotas may be set for different species of native 24
game birds and for different parts of the State, 25
(d) quotas may be revised from time to time. 26
(3) The Game Council is to ensure, by the imposition of licence 27
conditions, that the number of native game birds authorised to be 28
hunted or killed by or on behalf of licence holders complies with 29
the relevant quota set by the Game Council. 30
(4) The Game Council is not required to set annual quotas for all 31
species of native game birds in all parts of the State. 32
(5) If a quota is not set during a particular period in respect of a 33
particular species or a particular part of the State, a licence does 34
not, except as may be provided by the regulations, authorise a 35
person to hunt or kill, during that period, that particular species 36
Page 5
Game and Feral Animal Control Further Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
of native game bird or any native game bird in that particular part 1
of the State. 2
52C Restrictions in relation to native game birds 3
(1) The Game Council may, in addition to setting quotas under 4
section 52B, determine the following matters: 5
(a) the periods during which, and the areas within which, 6
particular species of native game birds may be hunted or 7
killed under the authority conferred by a licence, 8
(b) requirements with respect to the tagging or other 9
identification, and notification to the Game Council, of 10
native game birds killed or captured by or on behalf of 11
licence holders, 12
(c) guidelines for the auditing of compliance with this Act in 13
respect of the hunting or killing of native game birds. 14
(2) The Game Council is to ensure, by the imposition of licence 15
conditions, that determinations under this section are complied 16
with by licence holders. 17
(3) The Game Council is to include in its annual report details on the 18
number, as notified to the Game Council, of native game birds 19
killed or captured by or on behalf of licence holders during the 20
reporting year in those parts of the State in which the hunting or 21
killing of native game birds is authorised under this Act. 22
52D Identification test for hunters of native waterfowl 23
(1) A game hunting licence or game management licence does not 24
authorise any person to hunt or kill native game birds that are 25
waterfowl unless the person has passed an official identification 26
test. 27
(2) In this section: 28
official identification test means a test involving the 29
identification of native waterfowl that: 30
(a) is conducted by or on behalf of the Game Council, or 31
(b) is recognised by the Game Council, 32
and includes any test conducted before the commencement of this 33
section by or on behalf of the Office of Environment and Heritage 34
in the Department of Premier and Cabinet (or the equivalent 35
agency of another State or Territory) in connection with the 36
identification of native waterfowl. 37
Page 6
Game and Feral Animal Control Further Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[8] Section 55B Requirements for commercial taxidermists 1
Insert "or 1A" after "Part 1" in section 55B (1) (as inserted by the Game and 2
Feral Animal Control Amendment Act 2012). 3
[9] Schedule 3 Game animals 4
Insert in Part 1 of Schedule 3 (as inserted by the Game and Feral Animal 5
Control Amendment Act 2012) after the matter relating to Guinea Fowl: 6
Mallard Duck (Anas platyrhynchos) 7
[10] Schedule 3, Part 1A 8
Insert after Part 1: 9
Part 1A Native game birds (licence required to hunt 10
on private land) 11
Ducks 12
Australian Shelduck or Mountain Duck (Tadorna tadornoides) 13
Australian Wood Duck or Maned Duck (Chenonetta jubata) 14
Black Duck or Pacific Black Duck (Anas superciliosa) 15
Blue-winged Shoveler or Australasian Shoveler (Anas rhynchotis) 16
Chestnut Teal (Anas castanea) 17
Grass Whistling Duck or Plumed Whistling Duck (Dendrocygna eytoni) 18
Grey Teal (Anas gibberifrons) 19
Hardhead Duck or White-eyed Duck (Aythya australis) 20
Pink-eared Duck (Malacorhynchus membranaceus) 21
Water Whistling Duck, Wandering Whistling Duck or Whistling or 22
Wandering Tree Duck (Dendrocygna arcuata) 23
Quails 24
Brown Quail (Coturnix ypsilophora) 25
Stubble Quail (Coturnix pectoralis) 26
Pigeons 27
Common Bronzewing Pigeon (Phaps chalcoptera) 28
Crested Pigeon (Ocyphaps lophotes) 29
[11] Schedule 4 Savings, transitional and other provisions 30
Insert at the end of clause 1 (1): 31
Game and Feral Animal Control Further Amendment Act 2012 32
Page 7
Game and Feral Animal Control Further Amendment Bill 2012
Schedule 2 Amendment of National Parks and Wildlife Act 1974 No 80
Schedule 2 Amendment of National Parks and 1
Wildlife Act 1974 No 80 2
[1] Section 120 General licence 3
Insert after section 120 (2B): 4
(2C) Despite any other provision of this section, a general licence is 5
not to be issued to authorise the harming, on private land, of any 6
game animal within the meaning of the Game and Feral Animal 7
Control Act 2002. 8
Note. Game animals may be hunted or killed under the authority of a 9
game hunting licence or game management licence under the Game 10
and Feral Animal Control Act 2002. 11
[2] Section 121 Occupier's licence 12
Insert after section 121 (3): 13
(4) Despite any other provision of this section, an occupier's licence 14
is not to be issued to authorise the harming of any game animal 15
within the meaning of the Game and Feral Animal Control Act 16
2002. 17
Note. Game animals may be hunted or killed under the authority of a 18
game hunting licence or game management licence under the Game 19
and Feral Animal Control Act 2002. 20
[3] Schedule 3 Savings, transitional and other provisions 21
Insert at the end of clause 1 (1): 22
Game and Feral Animal Control Further Amendment Act 2012 23
Page 8
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