Victorian Consolidated Regulations

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WILDLIFE REGULATIONS 2013 - REG 41

Taking of wildlife

Reg. 41(1) amended by S.R. No. 155/2014 reg. 4(1).

    (1)     A person other than a person referred to in subregulation (6) or (6A) must not use a trap, bait, lure, poison, decoy, or live animal to attract wildlife for the purpose of taking that wildlife unless the person is licensed or authorised to do so under the Act.

Penalty:     50 penalty units.

Reg. 41(2) amended by S.R. No. 155/2014 reg. 4(2).

    (2)     A person other than a person referred to in subregulation (6B) must not use a firearm from an aircraft, motor vehicle, boat or any other vehicle to take wildlife unless the person is licensed or authorised to do so under the Act.

Penalty:     50 penalty units.

    (3)     A person must not use an aircraft, motor vehicle, boat, or any other vehicle to pursue, chase, or harass wildlife unless the person is licensed or authorised to do so under the Act.

Penalty:     50 penalty units.

Reg. 41(4) amended by S.R. No. 155/2014 reg. 4(3).

    (4)     A person other than a person referred to in subregulation (6C) must not use an artificial light, electronic device, or recorded sound to hunt or take wildlife, unless the person is licensed or authorised to do so under the Act.

Penalty:     50 penalty units.

Reg. 41(5) amended by S.R. No. 155/2014 reg. 4(4).

    (5)     A person other than a person referred to in subregulation (6D) must not use a gun, bow or other weapon, for the purpose of taking wildlife, unless the person is licensed or authorised to do so under the Act.

Penalty:     50 penalty units.

Reg. 41(6) amended by S.R. No. 75/2014 reg. 26.

    (6)     A person does not commit an offence under subregulation (1) in circumstances where the person is attempting to capture any specified birds or any wildlife of the taxa listed in Part C of Schedule 5 or Schedule 7 which was legally in the possession of the person and which has escaped.

Reg. 41(6A) inserted by S.R. No. 155/2014 reg. 4(5).

    (6A)     A person does not commit an offence under subregulation (1) in circumstances where—

        (a)     the person is using a trap, non-poisonous bait, lure or decoy to attract wildlife for the purpose of taking that wildlife; and

        (b)     the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010 ; and

        (c)     the use of that trap, non-poisonous bait, lure or decoy is not prohibited under that authorisation order.

Reg. 41(6B) inserted by S.R. No. 155/2014 reg. 4(5).

    (6B)     A person does not commit an offence under subregulation (2) in circumstances where—

        (a)     the person is using a firearm from a boat that is operating at a speed of 5 knots or less to take wildlife; and

        (b)     the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010 ; and

        (c)     the use of that firearm is not prohibited under that authorisation order.

Reg. 41(6C) inserted by S.R. No. 155/2014 reg. 4(5).

    (6C)     A person does not commit an offence under subregulation (4) in circumstances where—

        (a)     the person is using an artificial light, electronic device or recorded sound to hunt or take wildlife; and

        (b)     the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010 ; and

        (c)     the use of that artificial light, electronic device or recorded sound is not prohibited under that authorisation order.

Reg. 41(6D) inserted by S.R. No. 155/2014 reg. 4(5).

    (6D)     A person does not commit an offence under subregulation (5) in circumstances where—

        (a)     the person is using a gun, bow or other weapon for the purpose of taking wildlife; and

        (b)     the person is acting under an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010 ; and

        (c)     the use of that gun, bow or other weapon is not prohibited under that authorisation order.

Reg. 41(7) substituted by S.R. No. 155/2014 reg. 4(6).

    (7)     In this regulation—

"non-poisonous bait" means bait that is not impregnated with any poison;

"wildlife "does not include game.



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