Nature Conservation (Open Seasons) Order 2004

Nature Conservation (Open Seasons) Order 2004

20 February 2004

I make the following order under section 30(1) of the Nature Conservation Act 2002.

This order may be cited as the Nature Conservation (Open Seasons) Order 2004.

This order takes effect on the day on which its making is notified in the Gazette.

In this order,partly protected wildlife has the same meaning as in the Wildlife Regulations 1999.

The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws.

Any period specified in this order and identified by days or dates is inclusive of those days and dates.

In this clause – wild duck means any bird of a species of the family Anatidae that is a form of partly protected wildlife.

The open season for wild duck in each year is the period – starting on the Saturday nearest 8 March of the year; and ending on the Sunday nearest 8 June of the year, except where that Sunday immediately precedes the second Monday in June, in which case the period ends on the second Monday in June.

During an open season referred to in subclause (2), a person may only take up to 10 wild duck in a single day.

For the holder of a muttonbird licence, the open season for muttonbird in each year is the period starting at 8.00 a.m. on the Saturday nearest 1 April of the year and ending on the third Sunday following that day, except where that day immediately precedes Easter Monday, in which case the period ends on Easter Monday of the year.

During the open season, juvenile muttonbirds may be taken from the rookeries specified in Schedule 1 to this order.

During an open season, the holder of a muttonbird licence may only take up to 25 muttonbirds in a single day.

For the holder of a commercial muttonbird catcher's licence, the open season for muttonbird in each year is the period starting on 27 March of the year and ending on 30 April of the year.

During the open season, juvenile muttonbirds may be taken from the rookeries specified in a licence referred to in subclause (1).

The open season for brown quail in each year commences on the Saturday nearest 15 May of the year and ends on the seventh Sunday following that Saturday.

During an open season referred to in subclause (1), a person may only take up to 20 brown quail in a single day.

The open season for common pheasant in each year is the period starting on the Saturday immediately before the second Monday in June of the year and ending on the Sunday immediately before the second Monday in June of the year.

The open season for common pheasant applies only to – adult male pheasant; and the municipal area of King Island.

During an open season referred to in subclause (1), a person may only take up to 3 adult male pheasants in a single day.

The open season for European fallow deer in each year is – in the case of adult male deer, the period starting on the Saturday nearest 26 February of the year and ending on the sixth Sunday following that Saturday; and in the case of antlerless deer, the period starting on 15 March of the year and ending on 15 November of that year.

During an open season referred to in subclause (1), a person – may only take antlerless deer or adult male deer; and may take no more than one adult male deer.

In this order,wallaby means any mammal of a species of the family Macropodidae that is a form of partly protected wildlife.

The open season for wallaby in each year is the period starting on the Monday immediately before the Saturday nearest 1 March of the year and ending on the Sunday immediately before the Saturday nearest 1 March of the subsequent year.

The National Parks and Wildlife (Open Seasons) Order 2001 is revoked.