Wild Animal Control Amendment Act 1997

1: Short Title and commencement
1: This Act may be cited as the Wild Animal Control Amendment Act 1997, and is part of the Wild Animal Control Act 1977 the principal Act
2: This section and sections 2(2) (5) (6) 6 7 8 15(a) 16
3: The rest of this Act comes into force on 1 October 1999.
2: Interpretation
1: Section 2(1) aerodrome Activity .
2: This subsection repealed the definition of the term catchment authority s 2(1)
3: Section 2(1) commercial Concession section 22 .
4: Section 2(1) hunt or kill
e: Engaging in a wild animal recovery operation: .
5: This subsection inserted the definition of the term Regional Council
6: This subsection amended paragraph (a)(ii) wild animal
7: Section 2(1) wild animal recovery service section 2(3) of the Wild Animal Control Amendment Act 1982 wild animal recovery service licence Wild animal recovery operation
a: The searching for, shooting, or immobilising of wild animals:
b: The recovering of wild animals (whether dead or alive) or of any part of those wild animals:
c: The carriage of persons, supplies, equipment, firearms, ammunition, poisons, or other things that may be used for the purpose of paragraph (a) or paragraph (b)
3: Wild animals to be controlled
Section 4(2)(c) recovery operations
4: Delegation of Minister's powers
1: Section 6(1) Subject to subsection (1A)
2: Section 6 subsection (1)
1A: The Minister must not delegate the power to grant concessions under Part II
5: Hunting or killing of wild animals
Section 8(4) recovery operations
6: Keeping of specified wild animals in captivity
1: This subsection substituted s 12(1)(b) s 12(1)(c)
2: This subsection substituted s 12(4) s 12(4A)
7: Deer farms
1: This subsection inserted s 12A(2A)
2: This subsection inserted s 12A(11)
8: Safari parks
This section inserted s 12B(1A) (1B)
9: New
Part 2 The principal Act is amended by repealing Part 2
II: Concessions for wild animal recovery operations on certain Crown-owned and other land
21: Purpose of this Part
The purpose of this Part is to—
a: Provide for the granting of concessions to authorise wild animal recovery operations on certain land; and
b: Apply the provisions of Part IIIB of the Conservation Act 1987
c: In applying Part IIIB of the Conservation Act 1987
i: The provisions of the Act under which the land concerned is held; and
ii: The purposes for which that land is held; and
iii: The purposes of this Act.
22: Power to grant concessions for wild animal recovery operations on certain Crown-owned and other land
1: Despite any other Act, the Minister has exclusive authority to grant, in accordance with Part IIIB of the Conservation Act 1987 subsection (2)
2: The land is—
a: Crown-owned land that is—
i: A conservation area, or deemed to be a conservation area, under the Conservation Act 1987
ii: A national park under the National Parks Act 1980
iii: A reserve under the Reserves Act 1977
A: Including a reserve that is controlled or managed by an administering body under any of sections 28, 29, 30, 35, and 36 of that Act
B: Excluding a reserve vested in an administering body under that Act or another Act:
iv: A wildlife sanctuary or wildlife refuge or wildlife management reserve under the Wildlife Act 1953
b: Other land to which the National Parks Act 1980
3: For the purposes of subsection (1), Part IIIB of the Conservation Act 1987 sections 17O(4) and 17U(3)
a: A national park in the case of land described in subsection (2)(a)(ii)
b: A reserve in the case of land described in subsection (2)(a)(iii)
c: A wildlife sanctuary or wildlife refuge or wildlife management reserve, as appropriate, in the case of land described in subsection (2)(a)(iv)
d: Land administered as if it were a national park in the case of land described in subsection (2)(b) and in each case with any other necessary modifications.
4: Nothing in this section limits or affects the powers of the Director-General under section 27
23: Matters to which Minister to have regard in considering application for concession
In considering an application for a concession under section 22 section 17U subsection (3) the Conservation Act 1987 section 22
a: The provisions of the Act under which the land concerned is held and the purposes for which that land is held; and
b: The purposes of this Act; and
c: The role of persons engaged in hunting for recreation in achieving the purposes of this Act.
10: Declaration of recreational hunting areas
Section 27(3)(a) wild animal recovery hunters hunters engaged in wild animal recovery operations
11: Offences
Section 36
3: Every person commits an offence who engages in a wild animal recovery operation on land described in section 22(2) section 22
12: Presumptions and obligations in connection with hunting and killing
1: Section 38(2) permit, concession,
2: Section 38(4)
a: By omitting the expression section 24 section 36
b: By omitting the words wild animal recovery service licence concession
13: Penalties
Section 39 subsection (2)
2: Every person who, in carrying out a wild animal recovery operation, commits an offence under section 8(2)
a: In the case of an individual, to a fine not exceeding $10,000:
b: In the case of a body corporate, to a fine not exceeding $80,000.
2A: Every person who commits an offence under section 36(3)
a: In the case of an individual, to a fine not exceeding $10,000:
b: In the case of a body corporate, to a fine not exceeding $80,000.
14: Regulations
Section 40(1) paragraphs (a) (b)
15: Repeals
The following enactments are consequentially repealed:
a: Sections 4(2) and (3) of the Wild Animal Control Amendment Act 1979
b: Sections 8, 9, and 12(1) of the Wild Animal Control Amendment Act 1979
c: Sections 2(3) and 7 of the Wild Animal Control Amendment Act 1982
d: So much of Schedule 2 Conservation Act 1987 section 23(3)
e: So much of Schedule 1 Department of Justice (Restructuring) Act 1995 section 24(7)
16: Transitional provision in relation to safari parks
1: The wild animals described in subsection (2) section 12(1) subsection (3)
2: The wild animals are those—
a: In a safari park as at the close of 30 September 1997 pursuant to a licence or permit in force as at that date; and
b: In respect of which a permit or licence could not be issued because of section 12(4) (4A)(a) section 6
3: Subsection (1)