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This is a Bill, not an Act. For current law, see the Acts databases.
Game and Feral Animal Control Repeal
Bill 2010
No , 2010
A Bill for
An Act to repeal the Game and Feral Animal Control Act 2002 and abolish the Game
Council of NSW: to prohibit recreational hunting on Crown land, State forests or
national park estate land; and for other purposes.
Clause 1 Game and Feral Animal Control Repeal Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Game and Feral Animal Control Repeal Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Repeal of Game and Feral Animal Control legislation 6
The Game and Feral Animal Control Act 2002 No 64 and the Game and 7
Feral Animal Control Regulation 2004 are repealed. 8
4 Abolition of Game Council 9
The Game Council of New South Wales is abolished. 10
5 No remuneration or compensation payable 11
No remuneration or compensation is payable to any person because of: 12
(a) the abolition of the Game Council, or 13
(b) the repeal of the Game and Feral Animal Control Act 2002 and 14
the Game and Feral Animal Control Regulation 2004. 15
6 Transfer of assets, rights and liabilities of Game Council 16
(1) In this section: 17
assets means any legal or equitable estate or interest (whether present or 18
future and whether vested or contingent and whether personal or 19
assignable) in real or personal property of any description (including 20
money) and includes securities, choses in action and documents. 21
instrument means an instrument (other than this Act) that creates, 22
modifies or extinguishes rights or liabilities (or would do so if lodged, 23
filed or registered in accordance with any law), and includes any 24
judgment, order or process of a court. 25
liabilities means any liabilities, debts or obligations (whether present or 26
future and whether vested or contingent and whether personal or 27
assignable). 28
rights means any rights, powers, privileges or immunities (whether 29
present or future and whether vested or contingent and whether personal 30
or assignable). 31
(2) On the abolition of the Game Council, the assets, rights and liabilities 32
of the Game Council are transferred to the Crown. 33
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Game and Feral Animal Control Repeal Bill 2010 Clause 7
(3) On and from the date on which the assets, rights and liabilities are 1
transferred by subsection (2), the following provisions have effect with 2
respect to the transfer: 3
(a) the transferred assets vest in the Crown by virtue of this section 4
and without the need for any conveyance, transfer, assignment or 5
assurance, 6
(b) the transferred rights and liabilities become, by virtue of this 7
section, the rights and liabilities of the Crown, 8
(c) all proceedings relating to the assets, rights or liabilities 9
commenced before that date by or on behalf of, or against, the 10
Game Council and pending immediately before that date are 11
taken to be proceedings pending by or against the Crown, 12
(d) any act, matter or thing done or omitted to be done in relation to 13
the assets, rights or liabilities before that date by, to or in respect 14
of the Game Council is (to the extent to which that act, matter or 15
thing has any force or effect) taken to have been done or omitted 16
by, to or in respect of the Crown, 17
(e) the Crown has all the entitlements and obligations of the Game 18
Council in relation to those assets, rights and liabilities that the 19
Game Council would have had but for their transfer, whether or 20
not those entitlements and obligations were actual or potential at 21
the time of the transfer, 22
(f) a reference in any Act, in any instrument made under any Act or 23
in any document of any kind to the Game Council is (to the extent 24
that it relates to those assets, rights or liabilities) to be read as, or 25
as including, a reference to the Crown. 26
(4) The operation of this section is not to be regarded: 27
(a) as a breach of contract or confidence or otherwise as a civil 28
wrong, or 29
(b) as a breach of any contractual provision prohibiting, restricting or 30
regulating the assignment or transfer of assets, rights or 31
liabilities, or 32
(c) as giving rise to any remedy by a party to an instrument, or as 33
causing or permitting the termination of any instrument, because 34
of a change in the beneficial or legal ownership of any asset, right 35
or liability, or 36
(d) as an event of default under any contract or other instrument. 37
7 Savings and transitional regulations 38
(1) The Governor may make regulations of a savings or transitional nature 39
consequent on the enactment of this Act. 40
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Clause 7 Game and Feral Animal Control Repeal Bill 2010
(2) A provision of a regulation made under this section may, if the 1
regulation so provides, take effect from the date of assent to this Act or 2
from a later date. 3
(3) To the extent to which any such provision takes effect from a date that 4
is earlier than the date of its publication on the NSW legislation website, 5
the provision does not operate so as: 6
(a) to affect, in a manner prejudicial to any person (other than the 7
State or an authority of the State), the rights of that person 8
existing before the date of its publication, or 9
(b) to impose liabilities on any person (other than the State or an 10
authority of the State) in respect of anything done or omitted to 11
be done before the date of its publication. 12
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Game and Feral Animal Control Repeal Bill 2010
Amendment of legislation Schedule 1
Schedule 1 Amendment of legislation 1
1.1 Crown Lands Act 1989 No 6 2
Section 155A 3
Insert after section 155: 4
155A Prohibition on hunting for sporting or recreational purposes on 5
public land 6
(1) A person must not hunt any animal on public land for sporting or 7
recreational purposes. 8
Maximum penalty: 100 penalty units or imprisonment for 9
6 months, or both. 10
(2) In this section: 11
hunt means to search for, pursue, trail, stalk or drive out an 12
animal in order to capture or kill the animal, including using a 13
firearm, bow, animal or other hunting device to capture or kill the 14
animal. 15
1.2 Deer Act 2006 No 113 16
[1] Section 8 Orders requiring deer to be controlled 17
Omit section 8 (4). 18
[2] Section 9 Consultation and approval before making deer control order 19
Omit section 9 (1) (d). 20
1.3 Fines Act 1996 No 99 21
Schedule 1 Statutory provisions under which penalty notices issued 22
Omit "Game and Feral Animal Control Act 2002, section 57". 23
1.4 Firearms Regulation 2006 24
Clause 31A Recreational hunting/vermin control--prescribed authority 25
Omit the clause. 26
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Game and Feral Animal Control Repeal Bill 2010
Schedule 1 Amendment of legislation
1.5 Forestry Act 1916 No 55 1
[1] Section 32C Offences relating to hunting and using firearms etc 2
Omit ", a restricted game hunting licence under the Game and Feral Animal 3
Control Act 2002" from section 32C (3) (a). 4
[2] Section 32C (4) and (5) 5
Insert after section 32C (3): 6
(4) Without limiting subsection (2), a person must not hunt any 7
animal in a State forest for sporting or recreational purposes. 8
Maximum penalty: 50 penalty units or imprisonment for 9
6 months, or both. 10
(5) For the purposes of subsection (4), hunt means to search for, 11
pursue, trail, stalk or drive out an animal in order to capture or kill 12
the animal, including using a firearm, bow, animal or other 13
hunting device to capture or kill the animal. 14
1.6 Law Enforcement (Powers and Responsibilities) Act 2002 15
No 103 16
Schedule 2 Search warrants under other Acts 17
Omit "Game and Feral Animal Control Act 2002, section 42". 18
1.7 National Parks and Wildlife Act 1974 No 80 19
[1] Section 92A 20
Insert after section 92: 21
92A Prohibition on hunting for sporting or recreational purposes on 22
national park estate land 23
(1) A person must not hunt any animal on national park estate land 24
for sporting or recreational purposes. 25
Maximum penalty: 100 penalty units or imprisonment for 26
6 months, or both. 27
(2) In this section: 28
hunt means to search for, pursue, trail, stalk or drive out an 29
animal in order to capture or kill the animal, including using a 30
firearm, bow, animal or other hunting device to capture or kill the 31
animal. 32
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Game and Feral Animal Control Repeal Bill 2010
Amendment of legislation Schedule 1
national park estate land means: 1
(a) any land reserved, dedicated or declared under this Act or 2
any land vested in the Minister for the purposes of Part 11, 3
or 4
(b) any reserve under Part 5 of the Crown Lands Act 1989 of 5
which the National Parks and Wildlife Reserve Trust has 6
been appointed as trustee, or 7
(c) any wilderness area or land that is the subject of a 8
wilderness protection agreement. 9
[2] Section 120 General licence 10
Insert "or the hunting of any animal for sporting or recreational purposes on 11
national park estate land within the meaning of section 92A" after 12
"recreational purposes" in section 120 (2A). 13
[3] Section 121 Occupier's licence 14
Insert "or to authorise any animal to be hunted for sporting or recreational 15
purposes on national park estate land within the meaning of section 92A" after 16
"recreational purposes" in section 121 (3). 17
[4] Section 171 Authority to harm or pick 18
Insert "or to the hunting of any animal for sporting or recreational purposes on 19
national park estate land within the meaning of section 92A" after 20
"recreational purposes" in section 171 (1B). 21
1.8 Public Finance and Audit Act 1983 No 152 22
Schedule 2 Statutory bodies 23
Omit "Game Council of New South Wales". 24
1.9 Public Sector Employment and Management Act 2002 No 43 25
Schedule 1 Divisions of the Government Service 26
Omit the matter relating to the Game Council Division from Part 3. 27
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Game and Feral Animal Control Repeal Bill 2010
Schedule 1 Amendment of legislation
1.10 Rural Lands Protection Act 1998 No 143 1
Section 144 When can a pest control order be made? 2
Omit section 144 (2) (b). 3
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