Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 3

PART I PRELIMINARY

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

authorisation order means an order made under section 28G or 28H;



authorised officer means a person appointed as an authorised officer under the
Conservation, Forests and Lands Act 1987 for the purposes of this Act;

boat means any form of transportation on water;

buy means buy or purchase and includes agreeing to buy or purchase, receiving
or accepting under an agreement to buy or purchase and acquiring by barter or
exchange;

close season in relation to a kind or taxon of wildlife means any part or
parts of the year during which the taking of that kind or taxon of wildlife is
prohibited by or under this Act;

controlled wildlife means any kind or taxon of wildlife declared by the
Governor in Council by Order published in the Government Gazette to be
controlled wildlife for the purposes of this Act;

Department has the same meaning as in the
Conservation, Forests and Lands Act 1987;



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firearm has the same meaning as in the Firearms Act 1996;

game means any kind or taxon of wildlife declared by the Governor in Council
by Order published in the Government Gazette to be game for the purposes of
this Act;

game licence means a game licence issued under section 22A;



hunt includes pursue, trail, stalk, search for or drive out an animal;



member of the police force has the same meaning as member of the force in the
Police Regulation Act 1958;



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open season in relation to a kind or taxon of wildlife means any part or parts
of the year during which the taking of that kind or taxon of wildlife is
permitted by or under this Act;

prescribed means prescribed by regulations under this Act;

proclamation means any proclamation of the Governor in Council made under or
continued in force by this Act;

protected wildlife means all wildlife other than those kinds or taxon which-

   (i)  is a pest animal within the meaning of the
        Catchment and Land Protection Act 1994; or

   (ii) the Governor in Council from time to time by Order published in the
        Government Gazette declares to be unprotected wildlife; or

   (iii) are specified by Order of the Governor in Council published in the
        Government Gazette pursuant to section 7A;

Secretary means the body corporate established by Part 2 of the
Conservation, Forests and Lands Act 1987;

sell includes barter or exchange and also agreeing to sell or offering or
exposing for sale or keeping or having in possession for sale or sending
forwarding delivering or receiving for or on sale or authorizing directing
causing suffering permitting or attempting any of such acts or things;

specified hunting area means an area declared to be a specified hunting area
by regulation under section 58C(2);

structure includes a hide or blind or other similar structure erected for the
purpose of facilitating the hunting, watching or taking of wildlife;

taxon means any species, sub-species, hybrid, genetic grouping or other
taxonomic group of any rank into which organisms are categorised;

the wild in relation to any wildlife means the natural habitat of that
wildlife or an independent, unpossessed or natural state and not an
intentionally domesticated or captive state regardless of the location;

this Act includes regulations and proclamations made or continued in force
under this Act and notices under section 86 or 86A;



threatened wildlife means protected wildlife that is specified in any list
made under section 10(1) of the Flora and Fauna Guarantee Act 1988;

whale sightseeing permit means a permit issued by the Secretary under section
83A;

whale swim tour permit means a permit issued by the Secretary under section
83C;



wildlife means-

   (a)  any animal of a vertebrate taxon other than mankind which is
        indigenous to the whole or part or parts of Australia or its
        territories or territorial waters, whether or not it occurs elsewhere;

   (b)  all kinds of deer, non-indigenous quail, pheasants, and partridges and
        any other taxon of animal which the Governor in Council by Order
        published in the Government Gazette declares to be wildlife for the
        purposes of this Act;

   (ba) any taxon of terrestrial invertebrate animal which is listed under the
        Flora and Fauna Guarantee Act 1988; and

   (c)  any hybrids of a kind or taxon of animal specified in or pursuant to
        paragraphs (a) and (b)- and except as is otherwise expressly provided
        in any such Order includes any such animal or any member of a taxon
        which is bred or kept in captivity or confinement but in Parts I to VI
        and Parts IX and XI does not include a whale within the meaning of
        section 75;

wildlife licence means a wildlife licence issued under section 22.



(2) This Act does not apply to fish within the meaning of the
Fisheries Act 1995.



(3) Any reference in any other Act or law to the Game Act 1958 or to section 9
or section 10 of the Protection of Animals Act 1966 or to any provisions
thereof shall be read and construed as a reference to this Act or the
corresponding provisions of this Act (as the case requires).

(4) Any reference in this Act to wildlife is a reference to wildlife in any
form, whether alive or dead and whether the flesh is raw, or cooked or
preserved or processed in any manner whatsoever, and includes the skin,
pelage, plumage, fur, skeletal material, organs, blood, tissue or any other
part thereof and the eggs or any part of the eggs thereof.

(5) The Governor in Council may, by proclamation published in the Government
Gazette, declare any taxon of animal to be wildlife for the purposes of this
Act.



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