Victorian Current Acts

WILDLIFE ACT 1975 - SECT 3

    (1)     In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 223.

"accepted recommendation" means—

        (a)     in relation to a report under section 23 or 26E of the Victorian Environmental Assessment Council Act 2001 —

              (i)     the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

              (ii)     if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

        (b)     if there is no response to which paragraph (a)(i) or (ii) applies, themost recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

S. 3(1) def. of aircraft inserted by No. 45/2008 s. 3(1)(a).

"aircraft" means any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft;

S. 3(1) def. of appointed land inserted by No. 62/2010 s. 132(1).

appointed land , in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 116.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of authorisation order inserted by No. 45/2008 s. 3(2)(a).

"authorisation order" means an order made under section 28G or  28H;

S. 3(1) def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 76.2), substituted by No. 24/2014 s. 28(2), amended by No. 68/2016 s. 174.

"authorised officer" means—

        (a)     a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or

        (b)     a person appointed as an authorised officer under the Game Management Authority Act 2014 for the purposes of this Act; or

        (c)     a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;

S. 3(1) def. of banning notice inserted by No. 11/2014 s. 17(3).

"banning notice" means a notice given under section 58G ;

"boat" means any form of transportation on water;

"buy" means buy or purchase and includes agreeing to buy or purchase, receiving or accepting under an agreement to buy or purchase and acquiring by barter or exchange;

S. 3(1) def. of close season amended by No. 87/1997
s. 42(Sch. item 1(a)), substituted by No. 11/2014 s. 17(1).

"close season" in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited—

        (a)     by a notice under section 86; or

        (b)     by the regulations;

S. 3(1) def. of controlled wildlife amended by No. 87/1997
s. 42(Sch. item 1(b)).

"controlled wildlife" means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be controlled wildlife for the purposes of this Act;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 34.

"declared area" has the same meaning as in the Planning and Environment Act 1987 ;

S. 3(1) def. of Department inserted by No. 41/1987 s. 103(Sch. 4 item 76.3).

"Department" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of Director-General inserted by No. 41/1987 s. 103(Sch. 4 item 76.4), repealed by
No. 87/1997
s. 5(1)(b).

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S. 3(1) def. of Director repealed by No. 41/1987 s. 103(Sch. 4 item 76.4).

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S. 3(1) def. of Division repealed by No. 41/1987 s. 103(Sch. 4 item 76.5).

    *     *     *     *     *

S. 3(1) def. of endangered wildlife inserted by No. 87/1997
s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b).

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S. 3(1) def. of exclusion order inserted by No. 11/2014 s. 17(3).

"exclusion order" means an order made under section 58M ;

S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).

film friendly principles has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).

film permit has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of firearm inserted by No. 87/1997
s. 5(1)(a).

"firearm" has the same meaning as in the Firearms Act 1996 ;

S. 3(1) def. of game amended by No. 87/1997
s. 42(Sch. item 1(c)).

"game" means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be game for the purposes of this Act;

S. 3(1) def. of game licence inserted by No. 90/1989 s. 12.

game licence means a game licence issued under section 22A ;

S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 28(1).

"Game Management Authority" means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014 ;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 116.

"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 143(1).

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 116.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 116.

"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 116.

"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of hunt inserted by No. 87/1997
s. 5(1)(a).

"hunt" includes pursue, trail, stalk, search for or drive out an animal;

S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 132(1).

"joint management plan" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of land manager inserted by No. 19/2018 s. 223, amended by No. 42/2021 s. 143(2).

"land manager" means—

        (a)     for Parks Victoria recorded land, Parks Victoria; or

        (ab)     for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020 , the Great Ocean Road Coast and Parks Authority; or

        (b)     for all other land, the Secretary;

S. 3(1) def. of limited permit area inserted by No. 45/2008 s. 3(1)(a).

"limited permit area" means an area that is the subject of a limited permit area determination;

S. 3(1) def. of limited permit area determination inserted by No. 45/2008 s. 3(1)(a).

"limited permit area determination" means a determination under section 83F;

S. 3(1) def. of member of the police force inserted by No. 87/1997
s. 5(1)(a), repealed by No. 37/2014 s. 10(Sch. item 184.1(b)).

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S. 3(1) def. of notable wildlife inserted by No. 87/1997
s. 5(1)(a), repealed by No. 45/2008
s. 3(2)(b).

    *     *     *     *     *

S. 3(1) def. of open season amended by No. 87/1997
s. 42(Sch. item 1(d)), substituted by No. 11/2014 s. 17(2).

"open season" in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted—

        (a)     by an order under section 28G; or

        (b)     by a notice under section 86; or

        (c)     by the regulations;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 223.

"Parks Victoria" has the same meaning as in the Parks Victoria Act 2018 ;

S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 223.

"Parks Victoria recorded land" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 184.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013 ;

prescribed means prescribed by regulations under this Act;

"proclamation" means any proclamation of the Governor in Council made under or continued in force by this Act;

S. 3(1) def. of protected wildlife amended by Nos 9505
s. 2(1)(a)–(c), 52/1994
s. 97(Sch. 3 item 36.1(a)(b)),
87/1997
ss 5(1)(c), 42(Sch. item 1(e)).

"protected wildlife" means all wildlife other than those kinds or taxon which—

              (i)     is a pest animal within the meaning of the Catchment and Land Protection Act 1994 ; or

              (ii)     the Governor in Council from time to time by Order published in the Government Gazette declares to be unprotected wildlife; or

              (iii)     are specified by Order of the Governor in Council published in the Government Gazette pursuant to section 7A;

S. 3(1) def. of seal inserted by No. 45/2008 s. 3(1)(a).

"seal" means any wildlife that is a member of the family Otariidae or the family Phocidae;

S. 3(1) def. of seal tour inserted by No. 45/2008 s. 3(1)(a).

"seal tour" means an activity conducted for profit that involves—

        (a)     one or more persons, on land, observing or interacting with seals; or

        (b)     one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;

S. 3(1) def. of seal tour permit inserted by No. 45/2008 s. 3(1)(a).

"seal tour permit" means a permit granted under section 85C ;

S. 3(1) def. of Secretary inserted by No. 87/1997
s. 5(1)(a).

"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987 ;

"sell" includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things;

S. 3(1) def. of specified birds inserted by No. 24/2014 s. 28(1).

"specified birds" means the birds prescribed in the Schedule;

S. 3(1) def. of specified hunting area inserted by No. 87/1997
s. 5(1)(a).

"specified hunting area" means an area declared to be a specified hunting area by regulation under section 58C(2);

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 34.

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987 ;

S. 3(1) def. of structure inserted by No. 87/1997
s. 5(1)(a).

"structure" includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife;

S. 3(1) def. of taxon inserted by No. 87/1997
s. 5(1)(a).

"taxon" means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;

S. 3(1) def. of the wild inserted by No. 70/1990 s. 6(1)(a).

the wild in relation to any wildlife means the natural habitat of that wildlife or an independent, unpossessed or natural state and not an intentionally domesticated or captive state regardless of the location;

S. 3(1) def. of this Act amended by Nos 7/1988 s. 8(2) (as amended by No. 90/1989 s. 18(2)), 90/1989 s. 17(2).

"this Act" includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A;

S. 3(1) def. of threatened wildlife inserted by No. 45/2008 s. 3(2)(a), amended by No. 28/2019 s. 54.

"threatened wildlife" means protected wildlife that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988 ;

S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 41.

"tour operator licence" means a licence granted under section 21B ;

S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 132(1), amended as traditional owner group by No. 4/2013 s. 35(1).

"traditional owner group "has the same meaning as in the Traditional Owner Settlement Act 2010 ;

S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 132(1).

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

S. 3(1) def. of vessel inserted by No. 45/2008 s. 3(1)(a).

"vessel" means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—

        (a)     a barge, lighter, floating restaurant or other floating vessel; and

        (b)     an air-cushion vehicle or other similar craft, that is used in navigation by water; and

        (c)     any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne;

S. 3(1) def. of whale sightseeing permit inserted by No. 3/2002 s. 3, repealed by No. 45/2008 s. 3(1)(b).

    *     *     *     *     *

S. 3(1) def. of whale swim tour inserted by No. 45/2008 s. 3(1)(a).

"whale swim tour" means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;

S. 3(1) def. of whale swim tour permit inserted by No. 3/2002 s. 3, substituted by No. 45/2008 s. 3(1)(c).

"whale swim tour permit" means a permit granted under section 83D ;

S. 3(1) def. of whale watching tour inserted by No. 45/2008 s. 3(1)(a).

"whale watching tour" means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;

S. 3(1) def. of whale watching tour permit inserted by No. 45/2008 s. 3(1)(a).

"whale watching tour permit" means a permit granted under section 83A;

S. 3(1) def. of wildlife amended by Nos 9505 s. 3(a)–(c), 7/1988 s. 9(a), 47/1988
s. 71(Sch. 4 item 4(a)–(c)), 70/1990 s. 14(a)(i)(ii), 92/1995 s. 163, 87/1997 ss 5(1)(d), 42(Sch. item 1(f)).

wildlife means—

        (a)     any animal of a vertebrate taxon other than mankind which is indigenous to the whole or part or parts of Australia or its territories or territorial waters, whether or not it occurs elsewhere;

        (b)     all kinds of deer, non-indigenous quail, pheasants, and partridges and any other taxon of animal which the Governor in Council by Order published in the Government Gazette declares to be wildlife for the purposes of this Act;

        (ba)     any taxon of terrestrial invertebrate animal which is listed under the Flora and Fauna Guarantee Act 1988 ; and

        (c)     any hybrids of a kind or taxon of animal specified in or pursuant to paragraphs (a) and (b)—

and except as is otherwise expressly provided in any such Order includes any such animal or any member of a taxon which is bred or kept in captivity or confinement but in Parts I to VI and Parts IX and XI does not include a whale within the meaning of section 75;

S. 3(1) def. of wildlife licence inserted by No. 87/1997
s. 5(1)(a), amended by No. 49/2017 s. 97(1).

"wildlife licence" means a wildlife licence issued under section 22;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 97(2).

"Yarra protection principles" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 97(2).

"Yarra River land" has the same meaning as in the  Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 97(2).

"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 97(2).

"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .

S. 3(2) amended by No. 92/1995
s. 161(Sch. 2 item 5).

    (2)     This Act does not apply to fish within the meaning of the Fisheries Act 1995 .

    (3)     Any reference in any other Act or law to the Game Act 1958 or to section 9 or section 10 of the Protection of Animals Act 1966 or to any provisions thereof shall be read and construed as a reference to this Act or the corresponding provisions of this Act (as the case requires).

S. 3(4) amended by Nos 70/1990 s. 4(1),
87/1997
s. 5(2).

    (4)     Any reference in this Act to wildlife is a reference to wildlife in any form, whether alive or dead and whether the flesh is raw, or cooked or preserved or processed in any manner whatsoever, and includes the skin, pelage, plumage, fur, skeletal material, organs, blood, tissue or any other part thereof and the eggs or any part of the eggs thereof.

S. 3(5) inserted by No. 87/1997
s. 5(3).

    (5)     The Governor in Council may, by proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.

Note to s. 3 inserted by No. 62/2010 s. 132(2).

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010 .

S. 4
repealed by No. 87/1997
s. 6,
new s. 4 inserted by No. 6/2010
s. 25(5)(Sch. 2 item 14) (as amended by No. 45/2010 s. 6).