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This is a Bill, not an Act. For current law, see the Acts databases.
Game and Feral Animal Control
Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Game and Feral Animal Control Act 2002 to make further
provision with respect to the management and regulation of the hunting of game; and
for other purposes.
Clause 1 Game and Feral Animal Control Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Game and Feral Animal Control Amendment Act 2012. 3
2 Commencement 4
(1) This Act commences 6 months after the date of assent to this Act, except 5
as provided by subsection (2). 6
(2) A proclamation may provide for the commencement of a provision of 7
this Act on a day (as appointed by the proclamation) occurring during 8
the period of 6 months after the date of assent. 9
Page 2
Game and Feral Animal Control Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
Schedule 1 Amendment of Game and Feral Animal 1
Control Act 2002 No 64 2
[1] Section 3 Objects 3
Omit "Section 5 identifies" from the note. 4
Insert instead "Schedule 3 specifies". 5
[2] Section 4 Definitions 6
Insert in alphabetical order: 7
declared public hunting land means public land that is the 8
subject of a declaration in force under section 20. 9
[3] Section 4, definition of "private land" 10
Omit paragraph (b). 11
[4] Section 4, definition of "public land" 12
Insert after paragraph (b): 13
(b1) national park estate land, or 14
[5] Section 4, definition of "public land" 15
Omit paragraph (e). 16
[6] Section 5 17
Omit the section. Insert instead: 18
5 Game animals for the purposes of this Act 19
(1) For the purposes of this Act, a game animal is any animal 20
specified in Schedule 3 that is living in the wild. 21
(2) The Minister may, by order published on the NSW legislation 22
website, amend Schedule 3: 23
(a) by adding the name or description of any animal (other 24
than an animal of a species that was native to Australia 25
before European settlement), or 26
(b) by omitting or amending any such name or description. 27
(3) Despite any other provision of this section, a game animal does 28
not include any animal that is or is part of a threatened species, 29
population or ecological community within the meaning of the 30
Threatened Species Conservation Act 1995. 31
Page 3
Game and Feral Animal Control Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[7] Sections 6A and 6B 1
Insert after section 6: 2
6A Exemptions from certain offences under National Parks and 3
Wildlife legislation 4
(1) The holder of a game hunting licence who hunts a game animal 5
on declared public hunting land in accordance with the authority 6
conferred by the licence does not, in connection with that 7
hunting, commit: 8
(a) any offence under the National Parks and Wildlife Act 9
1974 or the regulations under that Act that involves an 10
activity associated with hunting and that is necessary for 11
the purposes of hunting the game animal, or 12
(b) any offence under that Act that involves possessing or 13
exporting, otherwise than for the purposes of sale, the 14
carcass, or the skin or any other part, of a game animal 15
killed by the licence holder. 16
(2) For the purposes of subsection (1) (a), an activity associated with 17
hunting includes carrying a firearm or other hunting device. 18
(3) This section does not authorise a person to take a dog into any 19
national park estate land or to use a dog to assist in hunting on any 20
such land. 21
6B Orders and notices under other legislation 22
None of the following has any effect to the extent that it would 23
prevent or interfere with any activity carried out in accordance 24
with the authority conferred by a game hunting licence or game 25
management licence: 26
(a) an order under Division 1 (Stop work orders) or Division 2 27
(Interim protection orders) of Part 6A of the National 28
Parks and Wildlife Act 1974, 29
(b) an environment protection notice under Chapter 4 of the 30
Protection of the Environment Operations Act 1997. 31
[8] Section 8 Membership and procedure of Game Council 32
Omit "16" from section 8 (1). Insert instead "17". 33
[9] Section 8 (2) (e) 34
Omit "New South Wales Aboriginal Land Council". 35
Insert instead "Minister administering the Aboriginal Land Rights Act 1983". 36
Page 4
Game and Feral Animal Control Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[10] Section 8 (2) (g1) 1
Insert after section 8 (2) (g): 2
(g1) a person appointed on the nomination of the Minister 3
administering the National Parks and Wildlife Act 1974, 4
and 5
[11] Section 13A 6
Omit the section. Insert instead: 7
13A Delegation 8
The Game Council may delegate to the chief executive officer of 9
the Game Council the exercise of any of its functions other than 10
this power of delegation. 11
[12] Section 15 Authority conferred by different classes of game hunting 12
licences 13
Omit the note to section 15 (2). Insert instead: 14
Note. In the case of hunting on public land, section 18 provides that a 15
game hunting licence does not authorise hunting unless the land is duly 16
declared under section 20 to be available for hunting. Such a declaration 17
may require hunters to register and obtain written permission to hunt on 18
that land. 19
[13] Section 15 (2A) 20
Insert after section 15 (2): 21
(2A) Possession of carcass or skin or other part of game animal 22
A game hunting licence authorises the holder of the licence to 23
possess the carcass, or the skin or any other part, of any game 24
animal that the licence holder has killed under the authority 25
conferred by the licence. 26
[14] Section 15 (4) 27
Omit "A game". 28
Insert instead "Except as provided by section 6A (1), a game". 29
[15] Section 17 Exemptions from licensing 30
Omit section 17 (1) (a) (including the note). Insert instead: 31
(a) a person who is hunting an animal listed in Part 2 of 32
Schedule 3 on private land, 33
Page 5
Game and Feral Animal Control Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[16] Section 17 (1) (d) 1
Omit "section 5 (2)". Insert instead "Part 2 of Schedule 3". 2
[17] Section 17 (1) (e) 3
Omit the paragraph. 4
[18] Section 20A 5
Insert after section 20: 6
20A Restrictions on declaration of national park estate land 7
(1) The following national park estate land cannot be the subject of a 8
declaration under section 20: 9
(a) any national park estate land specified in Schedule 3A, 10
(b) any land declared to be a wilderness area under the 11
Wilderness Act 1987 or that is the subject of a wilderness 12
protection agreement under section 10 of that Act but has 13
not been declared to be a wilderness area, 14
(c) any national park estate land that is a declared World 15
Heritage property within the meaning of the Environment 16
Protection and Biodiversity Conservation Act 1999 of the 17
Commonwealth. 18
(2) The regulations may amend Schedule 3A: 19
(a) by adding the name of any national park estate land (other 20
than land referred to in subsection (1) (b) or (c)), or 21
(b) by omitting or amending any name specified in 22
Schedule 3A. 23
(3) Any such regulation may only be made on the recommendation 24
of the Minister administering the National Parks and Wildlife Act 25
1974. 26
[19] Section 21 Grant of licences 27
Insert after section 21 (3): 28
(4) The Game Council may refuse to grant a game hunting licence to 29
a person if, in the previous 10 years, the person has been found 30
guilty of an offence under the Firearms Act 1996 that is, in 31
accordance with section 84 of that Act, an offence that may be (or 32
is required to be) prosecuted on indictment. 33
Page 6
Game and Feral Animal Control Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[20] Section 29 Suspension or cancellation of licences by Game Council 1
Insert after section 29 (4) (b): 2
(b1) if the holder is found guilty of an offence under the 3
Firearms Act 1996 that is, in accordance with section 84 of 4
that Act, an offence that may be (or is required to be) 5
prosecuted on indictment, or 6
[21] Section 44 Power to detain and search vehicles or vessels 7
Omit section 44 (3). 8
[22] Section 45 Power of seizure 9
Omit "The Local Court must not order the forfeiture of a thing unless satisfied 10
that the value of the thing does not exceed $10,000." from section 45 (4). 11
[23] Section 48 Provisions relating to requirements under this Division 12
Insert before section 48 (1): 13
(1A) Warning to be given on each occasion 14
A person is not guilty of an offence of failing to comply with a 15
requirement under this Division to make a statement, to give or 16
furnish information, to answer a question or to produce a 17
document unless the person was warned on that occasion that a 18
failure to comply is an offence. 19
[24] Section 50 Offences relating to inspectors 20
Omit "or impede" from section 50 (c). 21
Insert instead ", impede, assault, threaten or intimidate". 22
[25] Section 50A 23
Insert after section 50: 24
50A Direction to leave or not to enter declared public hunting land 25
(1) An inspector who has reason to believe that a person is 26
committing or about to commit a game hunting offence may 27
direct the person to leave or not to enter any declared public 28
hunting land specified in the direction. 29
(2) A person to whom such a direction is given must comply with the 30
direction. 31
Maximum penalty: 50 penalty units. 32
Page 7
Game and Feral Animal Control Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[26] Sections 55A and 55B 1
Insert after section 55: 2
55A Interfering with authorised hunting on declared public hunting 3
land 4
(1) A person must not, without reasonable excuse, engage in any 5
conduct on declared public hunting land: 6
(a) that interferes with the hunting of game animals on that 7
land by another person under the authority conferred by a 8
game hunting licence, and 9
(b) with the intention of interfering with that hunting. 10
Maximum penalty: 50 penalty units. 11
(2) A person does not commit an offence under this section if the 12
person has lawful authority to interfere with the hunting carried 13
out by the other person. 14
(3) An offence under this section cannot be prescribed for the 15
purposes of section 57. 16
(4) In this section: 17
hunting game animals includes retrieving a game animal. 18
interfere with includes prevent or hinder. 19
55B Requirements for commercial taxidermists 20
(1) A person who carries on business as a taxidermist must not 21
preserve or prepare the skin of a game animal listed in Part 1 of 22
Schedule 3 unless the taxidermist: 23
(a) is satisfied that the animal has been killed by the holder of 24
a game hunting licence or game management licence (or 25
by a person with some other lawful authorisation to kill the 26
animal), and 27
(b) records the following information: 28
(i) the name of the person who killed the game animal 29
and the details of the person's licence or other 30
lawful authorisation, 31
(ii) the date on which the taxidermist received the 32
carcass or other relevant part of the game animal. 33
(2) The taxidermist must make any such record available for 34
inspection by an inspector at any reasonable time if requested to 35
do so by the inspector. 36
Maximum penalty: 50 penalty units. 37
Page 8
Game and Feral Animal Control Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
[27] Schedule 1 Provisions relating to members and procedure of Game 1
Council 2
Insert in alphabetical order in clause 1: 3
Deputy Chairperson means the Deputy Chairperson of the Game 4
Council. 5
[28] Schedule 1, clause 4A 6
Insert after clause 4: 7
4A Deputy Chairperson 8
(1) The members of the Game Council are to elect, by a simple 9
majority, a Deputy Chairperson from among the members. 10
(2) The Deputy Chairperson may be elected for the duration of his or 11
her term of office as a member or for a shorter term. 12
(3) The Deputy Chairperson vacates office as Deputy Chairperson if 13
he or she: 14
(a) is removed from that office by the Minister under this 15
clause, or 16
(b) resigns that office by instrument in writing addressed to 17
the Minister, or 18
(c) ceases to be a member of the Game Council. 19
(4) The Minister may at any time remove the Deputy Chairperson 20
from office as Deputy Chairperson. 21
[29] Schedule 1, clause 14 22
Omit clause 14 (1). Insert instead: 23
(1) The Chairperson or, in the absence of the Chairperson, the 24
Deputy Chairperson, is to preside at a meeting of the Game 25
Council. 26
(1A) In the absence of both the Chairperson and the Deputy 27
Chairperson, another member elected to chair the meeting by the 28
members present is to preside at a meeting of the Game Council. 29
Page 9
Game and Feral Animal Control Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[30] Schedules 3 and 3A 1
Insert after Schedule 2: 2
Schedule 3 Game animals 3
(Section 5) 4
Part 1 Non-indigenous game animals (licence 5
required to hunt on public or private land) 6
Birds 7
Bobwhite Quail (Colinus virginianus) 8
California Quail (Lophortyx callipepla californicus) 9
Guinea Fowl (Numida meleagris) 10
Partridge (Alectors alectoris chukar) 11
Peafowl (Pavo cristatus) 12
Pheasant (Phasiniacus phasianus colchicus) 13
Spotted Dove (Streptopelia chinensis) 14
Turkey (Meleagris gallopavo) 15
Other animals 16
Deer (Family cervidae) 17
Part 2 Non-indigenous animals (licence required 18
to hunt on public land only) 19
Note. A game hunting licence is not required for hunting the animals listed in this Part 20
on private land, and accordingly is only required if the animals are living in the wild on 21
public land--see section 17. 22
Cat 23
Dog (other than dingo) 24
Goat 25
Fox 26
Hare 27
Rabbit 28
Pig 29
Common Starling (Sturnus vulgaris) 30
Common or Indian Myna (Acridotheres tristis) 31
Feral Pigeon (Columba livia) 32
Page 10
Game and Feral Animal Control Amendment Bill 2012
Amendment of Game and Feral Animal Control Act 2002 No 64 Schedule 1
Schedule 3A National park estate land that cannot 1
be declared as public hunting land 2
(Section 20A) 3
National Parks 4
Blue Mountains 5
Bouddi 6
Brisbane Water 7
Cattai 8
Dharawal 9
Dharug 10
Garigal 11
Georges River 12
Heathcote 13
Kamay Botany Bay 14
Ku-ring-gai Chase 15
Lane Cove 16
Marramarra 17
Popran 18
Royal 19
Scheyville 20
Sydney Harbour 21
Thirlmere Lakes 22
Wollemi 23
Yengo 24
Nature Reserves 25
Agnes Banks 26
Castlereagh 27
Dalrymple-Hay 28
Dharawal 29
Georges River 30
Gulguer 31
Kemps Creek 32
Mulgoa 33
Muogamarra 34
Newington 35
Pitt Town 36
Prospect 37
Towra Point 38
Wallumatta 39
Wambina 40
Wianamatta 41
Windsor Downs 42
Page 11
Game and Feral Animal Control Amendment Bill 2012
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
Regional Parks 1
Berowra Valley 2
Leacock 3
Rouse Hill 4
William Howe 5
Wolli Creek 6
Yellomundee 7
State Conservation Areas 8
Bents Basin 9
Dharawal 10
Garawarra 11
Maroota 12
Parr 13
[31] Schedule 4 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
Game and Feral Animal Control Amendment Act 2012 16
Page 12
Game and Feral Animal Control Amendment Bill 2012
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation 1
2.1 Firearms Act 1996 No 46 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
non-metropolitan area means an area of the State other than the 5
Sydney, Newcastle, Wollongong and Central Coast urban areas. 6
The regulations may describe the area comprising any such urban 7
area. 8
[2] Section 12 Genuine reasons for having a licence 9
Insert after paragraph (b) of the matter relating to the genuine reason of 10
recreational hunting/vermin control in the Table to the section: 11
(b1) produce proof of permission given by any public or local 12
authority to shoot on any land that: 13
(i) is owned by, or under the control or management of, 14
that authority, and 15
(ii) is within a non-metropolitan area, or 16
[3] Section 12, Table 17
Omit "to give permission to shoot on rural land" from the matter relating to the 18
genuine reason of recreational hunting/vermin control. 19
Insert instead "to give permission to shoot on land as referred to in 20
paragraph (b) or (b1)". 21
[4] Section 12, Table 22
Insert "or on any other land that is owned by, or under the control or 23
management of, a public or local authority and that is within a 24
non-metropolitan area" after "rural land" in paragraph (a) of the matter 25
relating to the genuine reason of vertebrate pest animal control. 26
[5] Section 12, Table 27
Insert ", or a public or local authority," after "government agency" in 28
paragraph (b) of the matter relating to the genuine reason of vertebrate pest 29
animal control. 30
[6] Section 12, Table 31
Insert "or local" after "public" in paragraph (c) of the matter relating to the 32
genuine reason of vertebrate pest animal control. 33
Page 13
Game and Feral Animal Control Amendment Bill 2012
Schedule 2 Amendment of other legislation
[7] Section 26 Recognition of interstate licences for certain purposes 1
Omit "rural land" wherever occurring in section 26 (2) (b). 2
Insert instead "non-metropolitan land". 3
2.2 Game and Feral Animal Control Regulation 2004 4
[1] Clause 3 Definitions 5
Omit "section 5 (1) of" from the definition of commercial hunting in 6
clause 3 (1). 7
Insert instead "Part 1 of Schedule 3 to". 8
[2] Clause 7 Commercial hunters and hunting guides to be licensed 9
Omit the clause. 10
[3] Clause 11 Commercial hunters licence 11
Omit "section 5 (1) of". Insert instead "Part 1 of Schedule 3 to". 12
[4] Clause 20 Notice of proposed declaration of hunting land 13
Omit clause 20 (2). 14
[5] Schedule 1 Conditions of game hunting licences 15
Omit the definition of declared public hunting land from clause 1 (3). 16
[6] Schedule 1, Part 2, heading 17
Omit "section 5 (1)". Insert instead "certain". 18
[7] Schedule 1, Part 2 19
Omit the note at the beginning of the Part. 20
[8] Schedule 1, clause 6A 21
Insert before clause 7: 22
6A Game animals to which this Part applies 23
This Part applies to game animals listed in Part 1 of Schedule 3 24
to the Act. 25
[9] Schedule 1, clauses 7 (1), 8 (1) and 9 (1) 26
Omit "listed in section 5 (1) of the Act" wherever occurring. 27
Insert instead "to which this Part applies". 28
Page 14
Game and Feral Animal Control Amendment Bill 2012
Amendment of other legislation Schedule 2
[10] Schedule 1, clause 10 (2) 1
Omit the subclause. Insert instead: 2
(2) In this clause, game bird means any bird listed in Part 1 of 3
Schedule 3 to the Act. 4
2.3 Rural Lands Protection Act 1998 No 143 5
[1] Section 144 When can a pest control order be made? 6
Omit "section 5 (1) of" from section 144 (2) (b). 7
Insert instead "Part 1 of Schedule 3 to". 8
[2] Section 144 (3) 9
Insert after section 144 (2): 10
(3) Without limiting subsection (2), the Minister must consult with 11
the Game Council of New South Wales before making a pest 12
control order declaring a game animal listed in Part 1 of 13
Schedule 3 to the Game and Feral Animal Control Act 2002 to be 14
a pest. 15
[3] Section 145 Requests by authorities for making of pest control orders 16
Insert after section 145 (2): 17
(3) An authority must consult with the Game Council of New South 18
Wales before requesting the Minister to make a pest control order 19
declaring a game animal listed in Part 1 of Schedule 3 to the 20
Game and Feral Animal Control Act 2002 to be a pest. 21
Page 15
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