Nature Conservation (Open Seasons) Order 2004

Nature Conservation (Open Seasons) Order 2004

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

Judy Jackson

Minister for Environment and Planning

PART 1 - Preliminary

1.   Short title

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

2.   Commencement

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

3.   Interpretation

(1)  In this order,

partly protected wildlife has the same meaning as in the Wildlife Regulations 1999 .

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

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

PART 2 - Birds

4.   Open season for wild duck

[Clause 4 Subclause (4) omitted by S.R. 2006, No. 158, Applied:01 Jan 2007] [Clause 4 Substituted by S.R. 2007, No. 9, Applied:07 Mar 2007] [Clause 4 Substituted by S.R. 2012, No. 22, Applied:09 May 2012]

(1)  In this clause –

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

(2)  The open season for wild duck in each year is the period –

(a) starting on the Saturday nearest 8 March of the year; and

(b) 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.

(3)  [Clause 4 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season referred to in subclause (2) , a person may only take up to 10 wild duck in a single day.

5.   Open season for short-tailed shearwater (muttonbird): muttonbird licences

(1)  [Clause 5 Subclause (1) amended by S.R. 2006, No. 158, Applied:01 Jan 2007] 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.

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

(3)  [Clause 5 Subclause (3) amended by S.R. 2016, No. 16, Applied:30 Mar 2016] [Clause 5 Subclause (3) inserted by S.R. 2015, No. 13, Applied:01 Apr 2015] [Clause 5 Subclause (3) omitted by S.R. 2019, No. 14, Applied:27 Mar 2019] [Clause 5 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season, the holder of a muttonbird licence may only take up to 25 muttonbirds in a single day.

6.   Open season for short-tailed shearwater (muttonbird): commercial licences

(1)  [Clause 6 Subclause (1) amended by S.R. 2008, No. 34, Applied:30 Apr 2008] 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.

(1A)  [Clause 6 Subclause (1A) inserted by S.R. 2008, No. 34, Applied:30 Apr 2008] .  .  .  .  .  .  .  .  

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

7.   Open season for brown quail

[Clause 7 Subclause (1) amended by S.R. 2005, No. 25, Applied:20 Apr 2005] [Clause 7 Subclause (2) amended by S.R. 2011, No. 35, Applied:27 Apr 2011] [Clause 7 Substituted by S.R. 2013, No. 19, Applied:01 May 2013] [Clause 7 Substituted by S.R. 2022, No. 3, Applied:26 Feb 2022]

(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.

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

8.   Open season for common pheasant

(1)  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.

(2)  The open season for common pheasant applies only to –

(a) adult male pheasant; and

(b) the municipal area of King Island.

(3)  [Clause 8 Subclause (3) inserted by S.R. 2022, No. 3, Applied:26 Feb 2022] During an open season referred to in subclause (1) , a person may only take up to 3 adult male pheasants in a single day.

PART 3 - Mammals

9.   Open season for European fallow deer

[Clause 9 Amended by S.R. 2015, No. 87, Applied:09 Dec 2015] [Clause 9 Amended by S.R. 2016, No. 120, Applied:21 Dec 2016] [Clause 9 Amended by S.R. 2017, No. 100, Applied:20 Dec 2017] [Clause 9 Amended by S.R. 2015, No. 87, Applied:09 Dec 2015] [Clause 9 Amended by S.R. 2016, No. 120, Applied:21 Dec 2016] [Clause 9 Amended by S.R. 2017, No. 100, Applied:20 Dec 2017] [Clause 9 Amended by S.R. 2010, No. 19, Applied:17 Feb 2010] [Clause 9 Amended by S.R. 2019, No. 86, Applied:25 Dec 2019] [Clause 9 Substituted by S.R. 2022, No. 3, Applied:26 Feb 2022]

(1)  The open season for European fallow deer in each year is –

(a) 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

(b) in the case of antlerless deer, the period starting on 15 March of the year and ending on 15 November of that year.

(2)  During an open season referred to in subclause (1) , a person –

(a) may only take antlerless deer or adult male deer; and

(b) may take no more than one adult male deer.

10.   Open season for wallaby

(1)  In this order,

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

(2)  [Clause 10 Subclause (2) substituted by S.R. 2006, No. 158, Applied:01 Jan 2007] 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.

(3)  [Clause 10 Subclause (3) omitted by S.R. 2006, No. 158, Applied:01 Jan 2007] .  .  .  .  .  .  .  .  

PART 4 - Miscellaneous Amendments

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

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

SCHEDULE 1 - Muttonbird rookeries

Clause 5(2)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 March 2004

This order is administered in the Department of Primary Industries, Water and Environment.