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The objectives of these Regulations are to provide for—
the management of State Game Reserves; and
the preservation of wildlife and wildlife habitat within State Game Reserves; and
the hunting, taking or destroying of certain game species and specified pest animals within State Game Reserves; and
the safety, enjoyment and recreation of visitors to State Game Reserves.
These Regulations are made under section 87 of the Wildlife Act 1975.
These Regulations come into operation on 30 October 2024.
In these Regulations—
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
animal means any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;
assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;
assistance dog has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
blind or hide means a temporary artificial structure, shelter or cover (other than a tree stand) erected for the purpose of concealment to facilitate the hunting, watching or taking of wildlife;
camp means to do any of the following for accommodation purposes, whether occupied or not—
erect, occupy or use a tent, tarpaulin or any form of accommodation, shelter or temporary structure;
use a swag or sleeping bag;
leave in a reserve a vehicle, vessel or other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;
fallen or felled trees has the same meaning as in section 21AA(4) of the Act;
firewood means dead plant material not attached to a standing plant, shrub or tree;
fish has the same meaning as in section 5(1) of the Fisheries Act 1995;
flora has the same meaning as in section 3(1) of the Flora and Fauna Guarantee Act 1988;
game bird means any taxon of bird listed in Schedule 10 to the Wildlife (Game) Regulations 2024[1];
game duck means any species of waterfowl specified in Part 2 of Schedule 10 to the Wildlife (Game) Regulations 2024;
gundog means any dog from a breed listed in Part 1 of Schedule 4 to the Wildlife (Game) Regulations 2024;
levee maintenance permit has the same meaning as in section 3(1) of the Water Act 1989;
litter has the same meaning as in section 112 of the Environment Protection Act 2017;
motorised wheelchair means a wheelchair propelled by a motor that is—
capable of a speed of not more than 10 kilometres per hour; and
designed solely for the conveyance of a person with mobility difficulties;
prohibited access area means an area set aside by the land manager under regulation 14(1)(a);
reserve means a State Wildlife Reserve that has been further classified as a State Game Reserve under section 15(2) of the Act;
restricted access area means an area set aside by the land manager under regulation 14(1)(b);
shotgun means a firearm used for the purpose of hunting, taking or destroying game ducks that has a gauge that is not greater than 12;
specified pest animal means any species of animal set out in Schedule 4;
take has the same meaning as in regulation 5 of the Wildlife (Game) Regulations 2024;
the Act means the Wildlife Act 1975;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;
tree or trees has the same meaning as in section 3(1) of the Forests Act 1958;
tree stand means a portable platform used to hunt, watch or take wildlife;
vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal‑powered vehicle, trailer, tram car and air‑cushion vehicle but does not include any of the following—
a railway locomotive or railway rolling stock;
an aircraft;
a wheelchair or other non-motorised device designed solely for the conveyance of a person with mobility difficulties;
a motorised wheelchair;
a pram, stroller or other non-motorised device designed or used for the conveyance of children.
A person acting under and in accordance with the terms and conditions of any agreement entered into under the Act, or a lease or licence granted over or in relation to a reserve under the Act, the Mineral Resources (Sustainable Development) Act 1990 or the Crown Land (Reserves) Act 1978, is not subject to these Regulations to the extent that the activities authorised by that agreement, lease or licence are inconsistent with these Regulations.
These Regulations do not apply to a person who—
is acting as a servant of the Crown; or
is acting under and in accordance with a contract with—
the Crown; or
a person who is a servant or an agent of the Crown; or
is acting under the direction of a person acting as a servant or an agent of the Crown; or
is acting with the permission of a person acting as a servant or agent of the Crown; or
is an authorised officer acting in the course of the authorised officer's duties.
If a traditional owner group entity has entered into a traditional owner group agreement, regulation 19(1) does not apply to a person who is a member of that traditional owner group if the person—
is bound by the agreement; and
is acting under and in accordance with the agreement; and
is, on land to which the agreement applies, hunting, taking or in possession of—
game ducks during the open season for game ducks; or
a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or
Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or
Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or
Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.
If a traditional owner group entity has entered into a traditional owner group agreement, regulation 32(1) does not apply to a person who is a member of that traditional owner group if the person—
is bound by the agreement; and
is acting under and in accordance with the agreement; and
is, on land to which the agreement applies, in possession of, or is carrying—
a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or
a shotgun for the purpose of taking or destroying a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or
a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or
a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or
a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.
If a traditional owner group entity has entered into a traditional owner group agreement, regulation 33(1) does not apply to a person who is a member of that traditional owner group if the person—
is bound by the agreement; and
is acting under and in accordance with the agreement; and
is, on land to which the agreement applies, using—
a firearm for the purpose of taking or destroying game ducks during the open season for game ducks; or
a shotgun for the purpose of taking or destroying a specified pest animal during the open season for game ducks within the period of a day commencing 30 minutes before sunrise and ending 30 minutes after sunset; or
a firearm, bow or crossbow for the purpose of taking or destroying Hog Deer in a reserve listed in Schedule 1 during the open season for Hog Deer; or
a firearm for the purpose of taking or destroying Stubble Quail in a reserve listed in Schedule 2 during the open season for Stubble Quail; or
a firearm, bow or crossbow for the purpose of taking or destroying Sambar Deer in a reserve listed in Schedule 3 during the period commencing on 1 May and ending on 30 November in each year.
If a traditional owner group entity has entered into a traditional owner group agreement, regulations 34(1) and (2), 42(1) and 43(1) do not apply to a person who is a member of that traditional owner group if the person—
is bound by the agreement; and
is on land to which the agreement applies; and
is acting under and in accordance with the agreement.
A set aside determination must be in writing and must specify the date on which it is made.
A set aside determination may specify—
that it applies to the whole or a specified area of a reserve; and
that it applies on specified days or times or for specified periods; and
that it applies to a person or class of person; and
any conditions subject to which the activity or conduct specified in the set aside determination must or must not be carried out; and
if a permit is required to undertake the activity or conduct that is permitted, restricted or prohibited.
If the land manager makes a set aside determination under these Regulations, the land manager must, as soon as practicable after making the determination—
ensure that a sign or notice of the determination is displayed in accordance with regulation 10; and
publish the determination on the land manager's Internet site.
In this regulation—
set aside determination means a determination made under the following—
regulation 14(1);
regulation 19(4);
regulation 21(1);
regulation 26;
regulation 28;
regulation 35;
regulation 36(4);
regulation 40(1);
regulation 47(1);
regulation 49(1);
regulation 52(1);
regulation 53(5);
regulation 56(1).
A person who enters into or engages in an activity or conduct in an area that is set aside under a determination made under regulation 19(4), 21(1), 26, 28, 35, 36(4), 40(1), 47(1), 49(1) or 53(5) must comply with any conditions specified in the determination.
Penalty: 10 penalty units.
Note
Regulations 15(1) and (2), 52(2) and 56(2) provide separate offences for failing to act in accordance with a determination made under regulation 14(1), 52(1) or 56(1).
If the land manager makes a determination under these Regulations and is required to display a sign or notice in relation to that determination, the land manager must ensure that the sign or notice—
is displayed in a place and manner that is likely to be seen by any person affected by the determination; and
Example
A sign may be placed at each entry to an area determined to be set aside.
identifies in words or symbols any activity that is prohibited, restricted or permitted in the area that is set aside under the determination; and
either—
specifies the conditions of the activities that are prohibited, restricted or permitted; or
specifies by reference to the determination published under regulation 8(3)(b) the activity that is prohibited, restricted or permitted and any conditions that apply to carrying out that activity.
If the land manager revokes or amends a determination made under these Regulations, the land manager must as soon as practicable—
ensure that any sign or notice displayed in accordance with this Division is removed or amended to reflect the revocation or amendment to that determination; and
remove or amend the determination published on the land manager's Internet site under regulation 8(3)(b) to reflect the revocation or amendment to that determination.
If the land manager is authorised to issue a permit under these Regulations, the permit must specify—
the purpose of the permit; and
the date on which the permit commences; and—
the period for which the permit is valid; or
the date on which the permit expires; and
any terms and conditions of the permit.
A permit issued under these Regulations must be in writing.
The land manager may cancel a permit issued under these Regulations at any time—
if the holder of the permit has—
contravened a term or condition of the permit; or
contravened these Regulations; or
if the continuation of the permit is likely to be detrimental to, or interfere with, the management and protection of the natural environment, flora, wildlife, features or visitors in a reserve or the control or management of animals (other than wildlife) within a reserve.
Before cancelling a permit, the land manager by written notice given to the holder of the permit must—
notify the holder of the permit that the land manager proposes to cancel the permit; and
give the holder of the permit an opportunity to make either oral or written submissions to the land manager about the proposed cancellation.
For the purposes of subregulation (2)(b), the holder of the permit must make any submission within the period specified in the notice, which must not be less than 14 days after the day on which the notice is given.
In making a decision as to whether or not to cancel a permit, the land manager must have regard to any submission made under subregulation (2)(b).
If the land manager decides to cancel a permit under subregulation (1), the land manager must notify the holder of the permit within 7 days after the land manager's decision.
The cancellation of a permit under subregulation (1) takes effect when the holder of the permit is notified of the cancellation in accordance with subregulation (5).
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