Victorian Numbered Regulations

WILDLIFE (GAME) REGULATIONS 2024 (SR NO 81 OF 2024) - REG 5

In these Regulations—

"adult hunter "means a person who is 18 years of age or over and who is the holder of a game licence;

"agreed activity" has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010 ;

"bag limit", in relation to a taxon of game, means the bag limit prescribed by these Regulations for that taxon of game;

"blank ammunition" means ammunition that is not cartridge ammunition;

"cartridge ammunition "has the same meaning as in section 3(1) of the Firearms Act 1996 ;

"deer hunting dog "means a dog from a breed listed in Part 3 of Schedule 4;

"downed", in relation to a game bird, means the bird—

        (a)     has been brought to the ground as a result of being shot; or

        (b)     has been shot on the ground;

"electronic acoustic lure "means an electronic device made or constructed to emit—

        (a)     a sound that resembles or represents a sound made by a game bird; or

        (b)     a call resembling the call of a game bird—

but does not include a mouth-blown or shaker style caller;

"established pest animal" has the same meaning as in the Catchment and Land Protection Act 1994 ;

"game bird" means any taxon of bird listed in Schedule 10;

"game bird farm" means a farm operated by the holder of a game bird farmer licence within the meaning of the Wildlife Regulations 2024 ^[2] ;

"ground "includes land, water and any vegetation or other thing on the land or water;

"gundog" means a dog from a breed listed in Part 1 of Schedule 4;

"Hog Deer tag" means a tag that is issued in accordance with regulation 71;

"hound "means a dog from a breed referred to in Part 2 of Schedule 4 that conforms to—

        (a)     the maximum height specified in that Part of that Schedule for that breed; and

        (b)     the following standard that applies to that breed, other than any specification relating to height in that standard—

              (i)     Extended Breed Standard of the Beagle, published by the National Beagle Council (Australia) and the Australian National Kennel Council, as formulated, issued, prescribed or published from time to time;

              (ii)     Bloodhound Breed Standard, published by the Australian National Kennel Council, as formulated, issued, prescribed or published from time to time;

              (iii)     Harrier Breed Standard, published by the Australian National Kennel Council, as formulated, issued, prescribed or published from time to time;

"hound possessor" means a person who keeps or harbours a hound or has a hound in the person's care, whether the hound is at large, is restrained or is in confinement;

"motor boat" means a boat which has at least one motor fitted or attached which, when operating, is capable of propelling the boat, and includes any craft known as an "airboat" or "hovercraft";

"park" has the same meaning as in the National Parks Act 1975 ;

"possession", in relation to shot, a magazine, ammunition, a firearm or a spotlight, includes any of the following—

        (a)     physical possession of the shot, magazine, ammunition, firearm or spotlight;

        (b)     custody or control of the shot, magazine, ammunition, firearm or spotlight;

        (c)     access to the shot, magazine, ammunition, firearm or spotlight, either solely or in common with others;

prescribed permanent identification device has the same meaning as in the Domestic Animals Act 1994 ;

"recognised deer habitat" means an area referred to in Schedule 5;

registered hound means a hound that is registered by the Game Management Authority under regulation 26(1);

Sambar Deer Hunting with Hounds Test means
a test that is conducted by the Game Management Authority under regulation 18(1);

"secured in a vehicle", in relation to a firearm, a magazine, ammunition or shot, means—

        (a)     in the case of a vehicle with a boot or storage area (that is not a glove box), being in a securely     fastened case or container locked in the boot or stowed in a storage area of the vehicle that is not readily accessible by an occupant of the vehicle; or

        (b)     in the case of a vehicle without a boot or other storage area (that is not a glove box), being in a securely fastened case or container stowed in a part of the vehicle that is not readily accessible by any occupant of the vehicle;

"spotlight" means—

        (a)     a source of artificial light; or

        (b)     an infrared device; or

        (c)     a night viewing device; or

        (d)     a thermo‑imaging device—

but does not include—

        (e)     a domestic source of light used for domestic purposes; or

        (f)     an emergency source of light used for emergency purposes; or

        (g)     a light fitted to a motor vehicle that complies with any requirement in the Road Safety (Vehicles) Regulations 2021 ^[3] relating to a light of that kind;

State Game Reserve means an area classified as a State Game Reserve under section 15(2) of the Act;

"take" means to gain possession or control of wildlife by any means and also includes causing, permitting or assisting in taking wildlife;

"the Act"   means the Wildlife Act 1975 ;

"toxic shot" means shot which is not of a class or type described in Schedule 6;

"traditional owner group agreement" means an agreement under Part 6 of the Traditional Owner Settlement Act 2010 ;

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

Waterfowl Identification Test means a test that is conducted by the Game Management Authority under regulation 16(1);

"waterway" means—

        (a)     a river, creek, stream or watercourse; or

        (b)     a natural channel in which water regularly flows, whether or not the flow is continuous; or

        (c)     a channel formed wholly or partly by the alteration or relocation of any such river, creek, stream, watercourse or channel.