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CONSERVATION, FORESTS AND LANDS (INFRINGEMENT NOTICE) AMENDMENT (WILDLIFE (GAME) AND OTHER MATTERS) REGULATIONS 2013 (SR NO 19 OF 2013) - REG 5

Amendment of Schedule 2—Wildlife (Game)

In Schedule 2 to the Principal Regulations, for items 153 to 194 substitute

'153

6411

An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so alone in contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012

154

6412

An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so as part of a team in contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012

155

6413

An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 23 of the Wildlife (Game) Regulations 2012

2 penalty units

as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds, use a hound for hunting or taking Sambar Deer that is not a registered hound

156

6414

An offence under section 28(1) of the Wildlife Act 1975

1 penalty unit

fail to produce a licence, permit or other authority when required by an authorised officer or member of the police force

157

6415

An offence under section 44(3) of the Wildlife Act 1975

2 penalty units

hunt, take or destroy a taxon of game during the open season for that taxon of game other than in accordance with section 44(4) of the Wildlife Act 1975

r. 5

158

6416

An offence under section 58C(1) of the Wildlife Act 1975

2·5 penalty units

during the open season for duck, enter on or remain in any specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 at any time during which entry onto or remaining in that area is prohibited as specified in regulation 70 of those Regulations, other than in accordance with section 58C of the Wildlife Act 1975

159

6417

An offence under section 58D of the Wildlife Act 1975

2·5 penalty units

approach to within 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 during the open season for duck, other than in accordance with section 58D of the Wildlife Act 1975

160

6418

An offence under regulation 11 of the Wildlife (Game) Regulations 2012

0·5 penalty units

as a holder of a game licence, fail to notify the Secretary of change of address and to forward licence for amendment within 14 days of changing address

r. 5

161

6419

An offence under regulation 30 of the Wildlife (Game) Regulations 2012

2 penalty units

take or destroy more than the number of game specified in Schedule 4 to the Wildlife (Game) Regulations 2012 as the bag limit for that kind or taxon of game in the period set out in that Schedule for that kind or taxon of game

162

6420

An offence under regulation 32(1) of the Wildlife (Game) Regulations 2012

2 penalty units

use toxic shot to hunt, take or destroy ducks other than under the circumstances specified in regulation 32(2) of the Wildlife (Game) Regulations 2012

163

6421

An offence under regulation 33(1)(a) of the Wildlife (Game) Regulations 2012

1·5 penalty units

be in possession of toxic shot in the course of hunting ducks other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012

164

6422

An offence under regulation 33(1)(b) of the Wildlife (Game) Regulations 2012

1·5 penalty units

be in possession of toxic shot within an area in which he or she intends to hunt duck other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012

r. 5

165

6423

An offence under regulation 33(1)(c) of the Wildlife (Game) Regulations 2012

1·5 penalty units

be in possession of toxic shot within a State Game Reserve other than in the circumstances specified in regulation 33(2), (3) or (4) of the Wildlife (Game) Regulations 2012

166

6424

An offence under regulation 36(1) of the Wildlife (Game) Regulations 2012

2 penalty units

be in possession of a spotlight and a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012

167

6425

An offence under regulation 36(2) of the Wildlife (Game) Regulations 2012

2 penalty units

be in possession of a spotlight and be in company with a person in possession of a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012

r. 5

168

6426

An offence under regulation 36(3) of the Wildlife (Game) Regulations 2012

2 penalty units

be in possession of a firearm and be in company with a person in possession of a spotlight in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012

169

6427

An offence under regulation 37(1) of the Wildlife (Game) Regulations 2012

2 penalty units

use a dog when hunting, taking or destroying game birds other than in the circumstances specified in regulation 37(3) of the Wildlife (Game) Regulations 2012

r. 5

170

6428

An offence under regulation 38(1) of the Wildlife (Game) Regulations 2012

2 penalty units

use a dog for hunting deer other than a registered hound for the purpose of trailing Sambar Deer, a gundog for the purpose of locating, pointing or flushing deer (other than Hog Deer) or a deer hunting dog for the purpose of locating or flushing deer (other than Hog Deer) other than in the circumstances specified in regulation 38(2) of the Wildlife (Game) Regulations 2012

171

6429

An offence under regulation 39 of the Wildlife (Game) Regulations 2012

2 penalty units

use when hunting alone for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer

r. 5

172

6430

An offence under regulation 40 of the Wildlife (Game) Regulations 2012

2 penalty units

use when hunting in a team for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer (other than Hog Deer)

173

6431

An offence under regulation 42(1) of the Wildlife (Game) Regulations 2012

1·5 penalty units

as a person hunting on public land in recognised deer habitat, have in his or her care or control a dog (that is not a hound, gundog or deer hunting dog) that is not restrained or confined other than in the circumstances specified in regulation 42(2) of the Wildlife (Game) Regulations 2012

174

6432

An offence under regulation 43(1)(a) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found on private land other than in the circumstances specified in regulation 43(2) of the Wildlife (Game) Regulations 2012

r. 5

175

6433

An offence under regulation 43(1)(b) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in a park other than in accordance with the National Parks Act 1975

176

6434

An offence under regulation 43(1)(c) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use hounds, allow a hound to be found in any area prohibited by the Wildlife (Game) Regulations 2012 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012

177

6435

An offence under regulation 43(1)(d) of the Wildlife (Game) Regulations 2012

2 penalty units

as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in any area closed under Part XI of the Wildlife Act 1975 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012

r. 5

178

6436

An offence under regulation 44 of the Wildlife (Game) Regulations 2012

1 penalty unit

fail to ensure that a hound is wearing a collar to which is securely attached a permanent tag or label on which is legibly printed the full name of the hound owner and the hound registration number

179

6437

An offence under regulation 45(1) of the Wildlife (Game) Regulations 2012

2·5 penalty units

use a spotlight to hunt or take game other than in the circumstances specified in regulation 45(2) of the Wildlife (Game) Regulations 2012

180

6438

An offence under regulation 47 of the Wildlife (Game) Regulations 2012

2 penalty units

hunt, take or destroy game during the period commencing a half-hour after sunset on any day and ending a half-hour before sunrise on the next day

181

6439

An offence under regulation 48(1) of the Wildlife (Game) Regulations 2012

1 penalty unit

hunt, take or destroy game using any bait, lure, decoy or live animal to attract game other than in the circumstances specified in regulation 48(3) of the Wildlife (Game) Regulations 2012

182

6440

An offence under regulation 49(1) of the Wildlife (Game) Regulations 2012

2 penalty units

hunt, take or destroy game from an aircraft or motor vehicle

r. 5

183

6441

An offence under regulation 50(1) of the Wildlife (Game) Regulations 2012

2 penalty units

hunt, take or destroy duck from a motor boat whose motor is running (whether in gear or not) other than in the circumstances specified in regulation 50(3) of the Wildlife (Game) Regulations 2012

184

6442

An offence under regulation 51 of the Wildlife (Game) Regulations 2012

2 penalty units

fail to kill live game immediately upon recovery

185

6443

An offence under regulation 52 of the Wildlife (Game) Regulations 2012

1 penalty unit

fail to leave one fully feathered wing attached to a duck or duck breast until immediately prior to cooking or until that duck has been taken to the person's ordinary place of residence

186

6444

An offence under regulation 56(1) of the Wildlife (Game) Regulations 2012

1 penalty unit

possess any female Hog Deer carcass without a Hog Deer Tag marked with the letter "F" attached to one of its hind legs or possess any female Hog Deer carcass from which a Hog Deer Tag marked with the letter "F" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012

r. 5

187

6445

An offence under regulation 56(2) of the Wildlife (Game) Regulations 2012

1 penalty unit

possess any male Hog Deer carcass without a Hog Deer Tag marked with the letter "M" attached to one of its hind legs or possess any male Hog Deer carcass from which a Hog Deer Tag marked with the letter "M" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012

188

6446

An offence under regulation 57 of the Wildlife (Game) Regulations 2012

1 penalty unit

fail, after killing a Hog Deer, to immediately attach a Hog Deer Tag in the manner specified in regulation 57 of the Wildlife (Game) Regulations 2012

189

6447

An offence under regulation 58 of the Wildlife (Game) Regulations 2012

1 penalty unit

after killing a Hog Deer, remove the Hog Deer from where it has been killed without a Hog Deer Tag being attached to one of its hind legs in accordance with regulation 57 of the Wildlife (Game) Regulations 2012

r. 5

190

6448

An offence under regulation 59 of the Wildlife (Game) Regulations 2012

1·5 penalty units

without the written authorisation of the Secretary, remove the Hog Deer Tag from the body of any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given

191

6449

An offence under regulation 60 of the Wildlife (Game) Regulations 2012

1·5 penalty units

without the written authorisation of the Secretary, remove the head or dismember any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given

r. 5

192

6450

An offence under regulation 64(a) of the Wildlife (Game) Regulations 2012

1·5 penalty units

as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of Hog Deer Tags as required by regulation 64(a) of the Wildlife (Game) Regulations 2012

193

6451

An offence under regulation 64(b) of the Wildlife (Game) Regulations 2012

1·5 penalty units

as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of a Hog Deer Tag as required by regulation 64(b) of the Wildlife (Game) Regulations 2012

194

6452

An offence under regulation 65 of the Wildlife (Game) Regulations 2012

1 penalty unit

sell, give, lend or transfer a Hog Deer Tag to any other person

195

6453

An offence under regulation 66 of the Wildlife (Game) Regulations 2012

1 penalty unit

alter, deface or reproduce a Hog Deer Tag

r. 5

196

6454

An offence under regulation 67(3) of the Wildlife (Game) Regulations 2012

1 penalty unit

fail, when taking Hog Deer during the open season, to take the Hog Deer carcass to a checking station during the station's open hours within 24 hours of the taking of the deer and to provide any biological sample from the Hog Deer carcass when requested by the Secretary for the purpose of examination for any disease or disorder or other physical condition

197

6455

An offence under regulation 68 of the Wildlife (Game) Regulations 2012

1 penalty unit

fail to forward to the Secretary within 28 days of the last day of each open season for which Hog Deer Tags were issued a complete and accurate Hog Deer return

r. 5

198

6456

An offence under regulation 71(1) of the Wildlife (Game) Regulations 2012

2 penalty units

hunt, take or destroy deer within the areas of Victoria shown by shading on the plans in Parts 1, 2, 3, 4 and 5 of Schedule 9 other than in the circumstances specified in accordance with regulation 71(2) of the Wildlife (Game) Regulations 2012

199

6457

An offence under regulation 72(1) of the Wildlife (Game) Regulations 2012

2 penalty units

hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer in any area of Victoria other than in the circumstances specified in regulation 72(2) of the Wildlife (Game) Regulations 2012'.



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