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PARLIAMENT OF VICTORIA
Wildlife Amendment (Protection of Birds) Bill 2019
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Traditional owner agreement for natural resources 3
6 Governor in Council may declare protected wildlife to be
unprotected in an area of Victoria 3
7 Wildlife licences 3
8 Grant of wildlife licences may be refused in certain cases 4
9 Duration of licences 4
10 Mandatory cancellation of certain licences by the Secretary 4
11 Mandatory cancellation of licences by Game Management
Authority 5
12 Power of the Secretary to suspend certain licences 5
13 Game Management Authority to suspend licences 5
14 Making submissions on suspension 5
15 Power of the Secretary to cancel certain licences 6
16 Cancellation of certain licences by Game Management
Authority 6
17 Authorisation to take etc. wildlife 6
18 Suspension of authorisation 6
19 Cancellation of authorisation 6
20 Authorisation Orders as to taking etc. wildlife 7
21 Exemptions from certain sections 7
22 Offence for certain animals to attack wildlife 7
23 Repeal of sections 58C and 58D 7
24 Part VIIA repealed 7
25 Offenders to give name and address 7
26 Obstructing officers 7
27 Regulation making powers 7
28 Insertion of new section 108 8
29 Schedule substituted 10
30 Repeal of this Act 11
═════════════
Endnotes 12
1 General information 12
591PM55B.I-27/8/2019 i BILL LC INTRODUCTION 27/8/2019
PARLIAMENT OF VICTORIA
Introduced in the Council by Andy Meddick
Wildlife Amendment (Protection of
Birds) Bill 2019
A Bill for an Act to amend the Wildlife Act 1975 to protect certain
birds, to prohibit the hunting, taking or destruction of those birds, to
make further provision for other activities relating to birds and to
make other amendments and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are to amend the
Wildlife Act 1975--
(a) to protect certain birds; and
5 (b) to prohibit the hunting, taking or destruction
of those birds; and
(c) to make further provision for other activities
relating to birds; and
(d) to make other amendments to that Act.
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Wildlife Amendment (Protection of Birds) Bill 2019
2 Commencement
This Act comes into operation on 1 March 2020.
3 Principal Act
In this Act, the Wildlife Act 1975 is called the
5 Principal Act.
4 Definitions
(1) In section 3(1) of the Principal Act--
(a) in the definition of close season--
(i) for "a kind or taxon of wildlife"
10 substitute "a kind or taxon of game";
(ii) for "that kind or taxon of wildlife"
substitute "that kind or taxon of
game";
(b) in the definition of game, after "kind or
15 taxon of wildlife" insert ", other than any
kind or taxon of bird,";
(c) in the definition of open season--
(i) for "a kind or taxon of wildlife"
substitute "a kind or taxon of game";
20 (ii) for "that kind or taxon of wildlife"
substitute "that kind or taxon of
game";
(d) insert the following definition--
"restricted birds means birds of any kind or
25 taxon listed in Schedule 1;";
(e) the definitions of banning notice, exclusion
order, specified birds and specified hunting
area are repealed.
(2) After section 3(5) of the Principal Act insert--
30 "(6) On and from the commencement of section 4
of the Wildlife Amendment (Protection of
Birds) Act 2019, any declaration of a kind or
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Wildlife Amendment (Protection of Birds) Bill 2019
taxon of wildlife to be game made under the
definition of game and in force immediately
before that commencement, is taken to cease
to include any kind or taxon of bird.".
5 5 Traditional owner agreement for natural resources
Section 4C(2)(d), (f), (g), (h) and (i) of the
Principal Act are repealed.
6 Governor in Council may declare protected wildlife
to be unprotected in an area of Victoria
10 In section 7A(1) of the Principal Act, after
"protected wildlife" insert "(other than restricted
birds)".
7 Wildlife licences
(1) In section 22(1) of the Principal Act--
15 (a) in paragraph (a), for "specified birds"
substitute "restricted birds";
(b) in paragraph (b)--
(i) for "buy" substitute "subject to
subsection (2), buy";
20 (ii) omit "(other than specified birds)".
(2) For section 22(2) of the Principal Act
substitute--
"(2) A licence under this section must not be
issued by the Secretary to breed restricted
25 birds for the purpose of hunting.".
(3) In section 22(3)(b)(ii) of the Principal Act omit
"or the Game Management Authority
(as appropriate)".
(4) In section 22(3A) of the Principal Act omit
30 "or the Game Management Authority
(as appropriate)".
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Wildlife Amendment (Protection of Birds) Bill 2019
(5) In section 22(4) of the Principal Act omit "or the
Game Management Authority (as appropriate)".
8 Grant of wildlife licences may be refused in certain
cases
5 (1) In section 23(1) of the Principal Act omit
"(except a licence in respect of specified birds)".
(2) Section 23(1A) of the Principal Act is repealed.
(3) In section 23(2) of the Principal Act omit
"(other than a licence in respect of specified
10 birds)".
(4) Section 23(3) and (4) of the Principal Act are
repealed.
9 Duration of licences
(1) For section 25(2)(b) of the Principal Act
15 substitute--
"(b) made to the Secretary.".
(2) In section 25(3) of the Principal Act omit "or the
Game Management Authority (as appropriate)".
(3) In section 25(4) of the Principal Act omit
20 "(other than a wildlife licence in respect of
specified birds)".
(4) Section 25(5) of the Principal Act is repealed.
10 Mandatory cancellation of certain licences by the
Secretary
25 (1) In section 25A(1) of the Principal Act omit
"(other than a wildlife licence in respect of
specified birds)".
(2) In section 25A(4)(a) and (b) of the Principal Act
omit "a wildlife licence in respect of specified
30 birds,".
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Wildlife Amendment (Protection of Birds) Bill 2019
11 Mandatory cancellation of licences by Game
Management Authority
(1) In section 25AB(1) of the Principal Act omit
"a wildlife licence in respect of specified birds
5 or".
(2) In section 25AB(4) of the Principal Act--
(a) in paragraph (a) omit "or wildlife licence in
respect of specified birds";
(b) in paragraph (b) omit "or wildlife licence in
10 respect of specified birds".
12 Power of the Secretary to suspend certain licences
(1) In section 25B(1) of the Principal Act omit
"(other than a wildlife licence in respect of
specified birds)".
15 (2) In section 25B(3) of the Principal Act omit
"(other than specified birds)".
13 Game Management Authority to suspend licences
(1) In section 25BA(1) of the Principal Act omit
"a wildlife licence in respect of specified birds
20 or".
(2) Section 25BA(3) of the Principal Act is repealed.
14 Making submissions on suspension
(1) In section 25C(1) of the Principal Act omit
"or Game Management Authority
25 (as appropriate)".
(2) In section 25C(3) of the Principal Act omit
"or Game Management Authority
(as appropriate)".
(3) In section 25C(4) of the Principal Act omit
30 "or Game Management Authority
(as appropriate)".
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Wildlife Amendment (Protection of Birds) Bill 2019
15 Power of the Secretary to cancel certain licences
(1) In section 25D(1) of the Principal Act omit
"(other than a wildlife licence in respect of
specified birds)".
5 (2) In section 25D(6) of the Principal Act omit
"(other than specified birds)".
16 Cancellation of certain licences by Game
Management Authority
(1) In section 25DA(1) of the Principal Act omit
10 "a wildlife licence in respect of specified birds
or".
(2) In section 25DA(1A) of the Principal Act omit
"either a wildlife licence in respect of specified
birds or".
15 (3) In section 25DA(2)(ab) of the Principal Act omit
"a wildlife licence in respect of specified birds,
or".
(4) Section 25DA(6) of the Principal Act is repealed.
17 Authorisation to take etc. wildlife
20 (1) For section 28A(1)(a) of the Principal Act
substitute--
"(a) hunt, take or destroy game;
(ab) take or destroy wildlife, other than game or
restricted birds;".
25 (2) In section 28A(1AA) of the Principal Act omit
"specified birds or".
18 Suspension of authorisation
In section 28D(4) of the Principal Act omit
"or specified birds".
30 19 Cancellation of authorisation
In section 28F(7) of the Principal Act omit
"or specified birds".
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Wildlife Amendment (Protection of Birds) Bill 2019
20 Authorisation Orders as to taking etc. wildlife
For section 28G(1)(a) of the Principal Act
substitute--
"(a) hunt, take or destroy game;
5 (ab) take or destroy wildlife, other than game or
restricted birds;".
21 Exemptions from certain sections
In section 47A of the Principal Act, for "Sections"
substitute "Except in relation to restricted birds,
10 sections".
22 Offence for certain animals to attack wildlife
In section 48(2) of the Principal Act omit
"game birds or".
23 Repeal of sections 58C and 58D
15 Sections 58C and 58D of the Principal Act are
repealed.
24 Part VIIA repealed
Part VIIA of the Principal Act is repealed.
25 Offenders to give name and address
20 Section 61(2A) and (2B) of the Principal Act are
repealed.
26 Obstructing officers
Section 62(5) of the Principal Act is repealed.
27 Regulation making powers
25 (1) In section 87(1) of the Principal Act, for
"hunters of wildlife" substitute "hunters of
game".
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Wildlife Amendment (Protection of Birds) Bill 2019
(2) In section 87(1) of the Principal Act--
(a) for paragraph (d) substitute--
"(d) regulating and controlling the taking of
game at large in an open season
5 therefor, fixing and enforcing bag limits
for any kind of game and regulating the
taking of protected wildlife (other than
restricted birds) on wildlife farms
licensed under this Act;";
10 (b) in paragraph (f), for "any kind or taxon of
wildlife" substitute "any kind or taxon of
game";
(c) in paragraph (t), for "recognized wildlife
habitat, wildlife management co-operative
15 area or specified hunting area" substitute
"recognized wildlife habitat or wildlife
management co-operative area";
(d) in paragraph (ahc), after "and 47" insert
"(except in relation to restricted birds)".
20 28 Insertion of new section 108
After section 107 of the Principal Act insert--
"108 Transitional provision--Wildlife
Amendment (Protection of Birds)
Act 2019
25 (1) In this section--
2019 Act means the Wildlife Amendment
(Protection of Birds) Act 2019;
commencement day means the day on which
the 2019 Act comes into operation;
30 old authorisation or order means an
authorisation of the Secretary or the
Game Management Authority under
section 28A or an order of the
Governor in Council under section 28G
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Wildlife Amendment (Protection of Birds) Bill 2019
that is in force immediately before the
commencement day;
old game licence means a game licence--
(a) that was issued by the Game
5 Management Authority under
section 22A; and
(b) that is in force immediately before
the commencement day;
old wildlife licence means a wildlife
10 licence--
(a) that was issued by the Secretary or
the Game Management Authority
under section 22 (as in force
before the commencement day);
15 and
(b) that is in force immediately before
the commencement day.
(2) On and after the commencement day, an old
authorisation or order remains in force
20 according to the terms of the authorisation or
order and this Act to the extent that the
authorisation or order--
(a) does not authorise the hunting of
restricted birds; and
25 (b) is consistent with this Act as amended
by the 2019 Act.
(3) On and after the commencement day, an old
game licence remains in force according to
the terms of the licence and this Act to the
30 extent that the licence--
(a) does not authorise the hunting, taking
or destroying of restricted birds; and
(b) is consistent with this Act as amended
by the 2019 Act.
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Wildlife Amendment (Protection of Birds) Bill 2019
(4) On and after the commencement day--
(a) an old wildlife licence issued by the
Game Management Authority, is taken
to be a wildlife licence issued by the
5 Secretary; and
(b) each old wildlife licence remains in
force according to the terms of the
licence and this Act, to the extent that
the licence--
10 (i) does not authorise the taking or
destroying of restricted birds; and
(ii) the licence is consistent with this
Act as amended by the
2019 Act.".
15 29 Schedule substituted
For the Schedule to the Principal Act substitute--
"Schedule 1--Restricted birds
Section 3(1), definition of restricted birds
Column 1 Column 2 Column 3
Item Scientific name of
number Common name of bird bird
Indigenous
1 Stubble Quail Coturnix
pectoralis
2 Pacific Black Duck Anas superciliosa
3 Australasian (Blue- Anas rhynchotis
winged) Shoveler
4 Chestnut Teal Anas castanea
5 Grey Teal Anas gracilis
6 Hardhead (White-eyed Aythya australis
Duck)
7 Australian Shelduck Tadorna
(Mountain Duck) tadornoides
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Wildlife Amendment (Protection of Birds) Bill 2019
Column 1 Column 2 Column 3
Item Scientific name of
number Common name of bird bird
8 Pink-eared Duck Malacorhynchus
membranaceus
9 Australian Wood Duck Chenonetta jubata
(Maned Duck)
10 Latham's (Japanese or Gallinago
Jack) Snipe hardwickii
Non Indigenous
11 Pheasant - all taxa Phasianus spp.
12 Partridge - all taxa Alectoris and
Perdix spp.
13 European Quail Coturnix coturnix
14 Japanese Quail Coturnix japonica
15 Californian Quail Lophortyx
californicus
".
30 Repeal of this Act
This Act is repealed on 1 March 2021.
Note
5 The repeal of this Act does not affect the continuing operation of
amendments made by it (see section 15(1) of the Interpretation of
Legislation Act 1984).
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Wildlife Amendment (Protection of Birds) Bill 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591PM55B.I-27/8/2019 12 BILL LC INTRODUCTION 27/8/2019
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