Victorian Consolidated Legislation

WILDLIFE ACT 1975

No. 8699 of 1975
Version incorporating amendments as at 2 November 2008

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   1A.     Purposes
   2.      Repealed

   PART I-PRELIMINARY

   3.      Definitions
           4, 4A. Repealed
   4B.     Restriction on application of Act
           5-7. Repealed
   7A.     Governor in Council may declare protected wildlife to be unprotected in an area of Victoria
           8-10. Repealed
   11.     Secretary to administer Act

   PART II-STATE WILDLIFE RESERVES AND NATURE RESERVES

   12.     Secretary may accept gift of land etc.
   13.     Secretary may accept gift of personal property
   14.     Secretary to have management and control of lands
   15.     State Wildlife Reserves
   16.     Secretary to manage State Wildlife Reserves
   16A.    Secretary to manage and control Nature Reserves
   17.     Moneys received paid to Consolidated Fund
   17A.    Repealed
   18.     Secretary to prepare plans of management for reserves
   19.     Limitation of mining etc. on State Wildlife or Nature Reserves
   19A.    Repealed
   20.     Offence to take wildlife from State Wildlife Reserve
   21.     Removing sand etc. from State Wildlife Reserve or Nature Reserve

   PART III-LICENCES

   22.     Wildlife licences
   22A.    Game licences
   23.     Secretary may refuse to grant licences in certain cases
   24.     Repealed
   25.     Duration of licence
   25A.    Mandatory cancellation of licences
   25B.    Power of Secretary to suspend licence
   25C.    Making submissions on suspension
   25D.    Power of the Secretary to cancel a licence
           26, 27. Repealed
   28.     Production of licence

   PART IIIA-AUTHORISATIONS

   28A.    Authorisation to take etc. wildlife
   28B.    Offence of failing to comply with conditions of authorisation
   28C.    Duration and renewal of authorisation
   28D.    Suspension of authorisation
   28E.    Making submissions on suspension
   28F.    Cancellation of authorisation

   PART IIIB-AUTHORISATION ORDERS

   28G.    Authorisation Orders as to taking etc. wildlife
   28H.    Authorisation Orders as to disturbing wildlife
   28I.    Conditions in authorisation orders
   28J.    Publication and commencement of authorisation order
   28K.    Period of authorisation order

   PART IV-RESEARCH AND MANAGEMENT

   29.     Secretary to carry out research etc.
   30.     Minister may authorize the use of prohibited equipment for certain purposes
   31.     Persons acting under authority not guilty of offence

   PART V-WILDLIFE MANAGEMENT CO-OPERATIVE
   AREAS, PROHIBITED AREAS, AND SANCTUARIES

   32.     Wildlife Management Co-operative Areas
   33.     Prohibited areas
   34.     Wildlife sanctuaries
   35.     Offences in relation to wildlife sanctuaries

   PART VI-Repealed

           36-40. Repealed

   PART VII-OFFENCES

   41.     Hunting, taking or destroying threatened wildlife
   42.     Repealed
   43.     Hunting, taking or destroying protected wildlife
   43A.    Repealed
   44.     Hunting, taking or destroying game
   45.     Acquiring etc. threatened wildlife
   46.     Repealed
   47.     Acquiring etc. protected wildlife
   47A.    Exemptions from certain sections
   47B.    Repealed
   47C.    Employees of licence holders
   47D.    Wildlife unlawfully taken
   47E.    Exemption from definition of prohibited person in Firearms
           Act 1996.
   48.     Offence for dogs or cats to attack etc. wildlife
   48A.    Seizure of dogs or cats
   48B.    Owner to be notified
   48C.    Recovery or disposal of animal
   49.     Power to make Order prohibiting possession etc. of certain wildlife
   50.     Import and export permits
   51.     Marking protected wildlife
   52.     Release of birds and animals from captivity or confinement
   53.     Use of prohibited equipment
   54.     Killing wildlife by poison
   55.     Using bird-lime etc.
   56.     Punt guns
   57.     Interference with signs etc.
   58.     Molesting and disturbing etc. protected wildlife
   58A.    Keeping false records
   58B.    Providing false information
   58C.    Offence for certain persons to enter on or remain in specified hunting area
   58D.    Offence to approach a person who is hunting
   58E.    Hindering or obstructing hunting

   PART VIII-ENFORCEMENT AND LEGAL PROCEEDINGS

   59.     Powers of authorised officers
   59A.    Searches of personal property
   59B.    Searches of vehicles and boats
   59C.    Search warrant for evidence of offence
   59D.    Announcement before entry
   59E.    Copy of warrant to be given to occupier
   59F.    Occupier entitled to be present during search
   60.     Seizure of prohibited equipment etc.
   60A.    Power to require production of firearms licence
   60B.    Requirements as to taking samples, seizing
   60C.    Samples
   60D.    Retention notices
   60E.    Evidentiary provisions relating to retention notices
   61.     Offenders to give name and address on demand
   62.     Obstructing officer etc.
   62A.    Offence to impersonate officer
   63.     Repealed
   64.     Statements of the Secretary as evidence
   65.     Eggs presumed to be threatened wildlife
   68.     Simplification of proof
   69.     Onus of proving wildlife not taken in Victoria
   70.     Cancellation of licence upon conviction for offence
   70A.    Disposal of seized things

   PART IX-CONTROLLED OPERATIONS

           Division 1-Introduction

   71.     Definitions
   72.     Evidentiary matters

           Division 2-Authorisation of controlled operations

   73.     Applications for authorities to conduct controlled operations
   74.     Determination of applications
   74A.    Matters to be taken into account
   74B.    Form of authority

           Division 3-Variation and cancellation of authorities

   74C.    When can an authority be varied?
   74D.    Application for variation of authority
   74E.    Determination of application to vary authority
   74F.    Form of variation of authority
   74G.    Cancellation of authorities

           Division 4-Effect of authorities

   74H.    Effect of authorities
   74I.    Defect in authority
   74J.    Effect of being unaware of variation or cancellation of authority
   74K.    Protection from criminal responsibility for certain ancillary conduct

           Division 5-Notification of third parties

   74L.    Notification requirements

           Division 6-Compliance and monitoring

   74M.    Unauthorised disclosure of information
   74N.    Principal law enforcement officers' reports
   74O.    Secretary's reports
   74P.    Annual report by Special Investigations Monitor
   74Q.    Keeping documents connected with authorised operations
   74R.    General register
   74S.    Inspection of records by Special Investigations Monitor

           Division 7-General

   74T.    No delegations
   74U.    Evidence of authorities
   74V.    Transitional provision

   PART X-PROTECTION OF WHALES

           Division 1-General

   75.     Definitions
   76.     Killing, taking whales etc. an offence
   77.     Action to be taken with respect to killing or taking of whale
   78.     Power to Secretary to grant permits
   79.     Conditions of permit
   80.     Breach of condition an offence
   81.     Power of authorised officer to give directions
   81A.    Variation of permits
   81B.    Suspension of permits
   81C.    Making submissions on suspension
   81D.    Power of Secretary to cancel permit
   82.     Public notices in relation to permits

           Division 2-Further offences and tour operator permits

   83.     Offence to approach a whale at a certain distance
   83A.    Power of Secretary to grant whale sightseeing permit
   83B.    Offence to conduct whale swim tour
   83C.    Power of Secretary to grant whale swim tour permit
   83D.    Prohibition on Secretary granting more permits than specified
           in the Order
   83E.    Applications for whale sightseeing permits
   83F.    Power to make Orders for the granting of whale swim tour permits in whale swim tour areas
   83G.    Requirement to pay fee on grant of permit
   83H.    Conditions of whale sightseeing permits and whale swim tour permits
   83I.    Breach of condition an offence
   83J.    Power of authorised officer to give directions
   83K.    Variation of permits under this Division
   83L.    Suspension of permits under this Division
   83M.    Making submissions on suspension
   83N.    Power of Secretary to cancel permit

           Division 3-Regulations and miscellaneous matters

   84.     Performance by authorised officers of duties etc. under Commonwealth Act
   85.     Summary jurisdiction in indictable offences
   85A.    Regulations

   PART XI-MISCELLANEOUS

   86.     Closure notices
   86A.    Emergency closure notices
   86B.    Time for bringing proceedings
   86C.    Review of decisions
   87.     Regulations

   PART XII-TRANSITIONAL

   88.     Permits and authorities
   89.     Conditions on licences etc.
   90.     Transitional provision, dolphin swim tour permits-Wildlife (Amendment) Act 2002.
   91.     Transitional provision, dolphin sightseeing permits-Wildlife (Amendment) Act 2002.
   92.     Transitional provision-Control of Weapons and Firearms Acts (Search Powers) Act 2003.
   93.     Transitional provisions-2008 Act
   94.     Transitional provisions-2008 Act-whale watching tours by aircraft
   95.     Transitional provisions-2008 Act-seal tours
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details