Governor may authorise protected birds to be purposes. Game Protection. Native Birds. 13 If any person buys or sells, or offers for sale, any native White Magpie, every person shall for every such Magpie so bought or sold, or offered for sale, incur a penalty not exceeding Twenty Shillings. 14 Every person who shoots at, or wilfully kills, or destroys the eggs of, any of the birds enumerated in the Schedule (2.) shall forfeit and pay a penalty not exceeding Twenty Shillings. 15 Notwithstanding anything to the contrary contained in this Act, the Governor may, in writing, authorise any person at any time to kill, killed for scientific capture, or destroy any native game or imported game, or any birds or the eggs thereof, or any animal or the progeny thereof which is protected by this Act or by any Proclamation issued hereunder, provided that the Curator of the Tasmanian Museum shall be satisfied that any such person requires any such native game, imported game, bird or the thereof, or any such animal or the progeny thereof for a scientific purpose. Governor in Council may make Regulations to protect the Mutton Bird. Crown Lands may be reserved for eggs 16 For the protection of the Short-tailed Petrel (Puffinus tenuirostris), commonly called the "Mutton Bird," the Governor in Council may from time to time make Regulations for the following purposes or any of them; that is to say 1. Prescribing the time during which and the purposes for which the Mutton Bird may be killed or captured: 11. Prescribing the purposes for which the eggs of the Mutton Bird may be taken: III. Regulating the time during which fires may be lighted upon any Waste Land reserved as hereinafter mentioned: IV. Prescribing the conditions upon which animals may be allowed upon Waste Lands reserved as hereinafter mentioned: v. Prescribing the manner in which, and the officer by whom, the Regulations made under this Section shall be enforced. And the Governor in Council may by any Regulations prescribe a penalty not exceeding Twenty Pounds for breach of or non-compliance with any such Regulations. All Regulations shall be published in the Gazette, and thereupon shall have the force of law; and copies thereof shall be laid before both Houses of Parliament forthwith if sitting, and if not sitting, then within Fourteen days after the commencement of the next Session. 17 The Governor in Council is hereby empowered, from time to time by Proclamation published in the Gazette, to reserve any islands, Mutton Birds, &c. being Crown Lands, as and to be hunting-grounds for Mutton Birds, and also for acclimatization purposes, and any such Proclamation to Penalty for hunting, &c. Opossums within a certain period. revoke. Opossum, Kangaroo, and Deer. 18 If any person in any manner hunts, or is found in possession, either on his own land or elsewhere, of any Opossum, whether alive or dead, or any skin or carcase thereof, at any time between the First day of August in any year and the Thirtieth day of April in any succeeding year, both days inclusive, which interval is herein referred to as "the Game Protection. close season," he shall, for every Opossum so hunted or found in his A.D. 1895. Nothing herein contained shall prevent any person from having or keeping any Opossum in a state of confinement, provided the same is not taken or captured in "the close season." No person prosecuted for being found in possession of any Opossum, or skin or carcase thereof, contrary to this Section shall be liable to any penalty if such person proves to the satisfaction of the adjudicating Justices that such Opossum, or that the Opossum from which such skin or carcase was taken, was hunted at any other time than within "the close season." 19 Every person who within the period of Two years from the Penalty for date of the passing of this Act in any manner hunts or is found hunting, &c. Opossums and in possession, either on his own land or elsewhere, of any Opossum Forester Kanor Forester Kangaroo (Macropus major), whether alive or dead, or garoo for Two skin or carcase thereof, shall for every Opossum or Forester years. Kangaroo so hunted or found in his possession, and for every skin or carcase thereof so found in his possession, forfeit and pay a penalty not exceeding Forty Shillings. any hunting, &c. Kangaroo within a certain period. 20 If any person in any manner hunts, or is found in possession, Penalty for No person prosecuted for being found in possession of any Kangaroo, or skin or carcase thereof, contrary to this Section shall be liable to any penalty if such person proves to the satisfaction of the adjudicating Justices that such Kangaroo, or that the Kangaroo from which such skin or carcase was taken, was hunted at any other time than within "the close season." 21 No person shall hunt Kangaroo or Deer on land of which he is No person to hunt not the owner or occupier unless such person has the permission of the Kangaroo or Deer said owner or occupier, or is the holder of a licence for that purpose; licence. and any person who acts contrary to this provision shall be liable to a penalty not exceeding Five Pounds. Nothing in this Act contained shall be deemed to authorise any person holding such licence to go upon the lands occupied by or belonging to any other person, without the consent of such person, for the purpose of hunting Kangaroo or Deer. unless he holds a 22 Every licence to hunt Kanga oo or Deer shall be in the form in Form, mode of the Schedule (3.), and may be issued by any Police Magistrate to such issuing and duraperson as he sees fit, and such licence shall be in force in the District tion of licence. named or described in such licence and not elsewhere, for the period therein named. A.D. 1895. Licensed person upon demand to produce licence. Licences where packs of hounds are kept for hunting. Fee for licence. fees. Game Protection. 23 Every person shall, upon the demand of the occupier of any land, or his servant or agent, whereon such person shall be hunting Kangaroo or Deer, produce and show a licence issued to such person under this Act, and in default thereof shall, upon conviction, forfeit and pay a penalty not exceeding Five Pounds. 24 Any person who keeps or intends to keep a pack of hounds for hunting Kangaroo or Deer for the purpose of recreation, may receive from the Police Magistrate of the District in which such person resides a licence in the form in the Schedule (4.), which shall remain in force for the period therein named, and such licence shall exempt the person to whom the same is issued and all other persons hunting Kangaroo or Deer with the pack of hounds belonging to such licensed person from the operation of so much of this Act as relates to persons hunting Kangaroo or Deer without a licence. Any person found hunting Kangaroo or Deer with a pack of hounds for the purpose of recreation shall, unless the keeper of such pack of hounds is the holder of a licence for that purpose, be liable to a penalty not exceeding Five Pounds. 25 The sum of Two Pounds shall be paid upon the issue of any such licence as is hereinbefore mentioned for a period not exceeding Six Appropriation of months, and Four Pounds for a period not exceeding One year; and all sums of money received for licences in any Rural Municipality shall form part of the Municipal Fund of such Municipality, and in any District not being a Rural Municipality shall form part of the Consolidated Revenue Fund. Licence not to authorise holder to hunt during close season. Licences continued. Licence forfeited by conviction of holder. Licensed persons hunting beyond district. 26 Nothing in this Act contained shall be deemed to authorise any person holding any licence issued under this Act to hunt Kangaroo during the close season for Kangaroo. 27 All licences for hunting Kangaroo issued under any Act hereby repealed and in force when this Act takes effect shall, unless forfeited as herein provided in the meantime, remain in force until the expiration thereof by effluxion of time. 28 If any person shall, whilst holding a licence to hunt Kangaroo or Deer, issued under any Act hereby repealed, or this Act, be convicted of any offence against any provision in such Acts relating to Kangaroo or Deer, such licence shall thereupon be forfeited and void. 29 If any licensed person hunts Kangaroo or Deer upon any land not being within the limits of the district specified in the licence issued to such person, he not being the owner or occupier of such land, or not having the consent or permission of the owner or occupier of such land, every such person so hunting Kangaroo or Deer beyond the limits of such district shall be deemed to be an unlicensed person, and may be dealt with according to law. Platypus. Miscellaneous. 30 Every person who, within Two years from the date of the passing of this Act, shoots at, or wilfully kills or captures, any Platypus shall forfeit and pay a penalty not exceeding Forty Shillings. Game Protection. 31 If any person knowingly sets at large, or attempts to set at large, A.D. 1895. or is concerned in setting at large any Weasel or Ferret, every person Penalty on so offending shall for every such animal so set at large, or attempted to be set at large, forfeit and pay a penalty not exceeding Five Pounds. persons setting Weasels, &c. at large. 32 Whosoever knowingly imports or brings, or is concerned in Penalty on importing or bringing, or attempts to import or bring into this Colony persons importing Fox, Wolf, Wild Dog or Dingo, shall, for every such animal, forfeit any Fox, Wolf, and pay a penalty not exceeding Fifty Pounds. any 33 &c. recovered in a All offences against this Act shall be heard and determined, and Penalties to be all penalties be recovered, in a summary way by and before any Two or more Justices of the Peace, in the mode prescribed by The Magistrates summary way. Summary Procedure Act; and any person aggrieved by any conviction this Act may appeal therefrom in manner directed by The Appeals Regulation Act. under 34 For the prevention of frivolous and unnecessary prosecutions, it Justices may disshall be lawful for the Justices hearing any information under this Act miss frivolous into dismiss the same, which dismissal shall be a bar to any other proceeding whatever against the same person for the same matter. formations. competent but 35 In all legal proceedings taken against any person for any breach Onus of proof of, or non-compliance with, the provisions of this Act, the onus of upon defendant, proving that such person was duly licensed, or was otherwise exempted who shall be from the operation of any penalty imposed by this Act, shall in all cases not compellable rest upon the defendant, who shall in all such proceedings be competent to give evidence. but not compellable to give evidence, anything contained in any law or practice to the contrary notwithstanding. 36 No action shall be brought against any person for anything done Limitation of in pursuance of this Act unless such action is commenced within Three actions. months after the cause of action has arisen, nor unless notice in writing Notice of action. of such action, and the cause thereof, is given to the defendant One month at least before the commencement of the action; and the General issue. defendant may plead the general issue, and give this Act and the special matter in evidence; and the plaintiff shall not recover in such action if Tender of amends. tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court after action brought; and if a verdict is given for the defendant, or the plaintiff is nonsuited Costs. or discontinues his action, or if judgment is given against the plaintiff, and though the defendant shall recover his full costs as between attorney and client; a verdict is given against the defendant, the plaintiff shall not have costs against the defendant unless the Judge who tries the case certifies his approbation of the action, and of the verdict. 1. Ninox boobook (Brown Hawk-owl). 4. Cuculus pallidus (Pallid Cuckoo). 5. Cuculus Habelliformis (Fantailed Cuckoo). 6. Cuculus plagosus (Bronze Cuckoo). 7. Cuculus basalis (Narrow-billed Bronze Cuckoo). 8. Scythrops novæ hollandiæ (Channel-bill Cuckoo). 9. Halcyon sanctus (Sacred Kingfisher). 10. Alcyone diemenensis (Tasmanian Kingfisher). 11. Acanthyllis caudacuta (Spine-tailed Swift). 12. Podargus cuvierii (More-pork). 13. Egotheles nova hollandia (Crested Night Jar). 14. Graucalus parvirostris (Summer-bird). 15. Collyriocincla rectirostris (Whistling Shrike-Thrush). 16. Gymnorhina hyperleuca (White Magpie). 17. Pachycephala olivacea (Olivaceous Thickhead). 18. Pachycephala gutturalis (Yellow-breasted Thickhead). 19. Pachycephala glaucura (Grey-tailed Thickhead). 20. Rhiphidura saturata (Tasmanian Fantail). 21. Myiagra rubecula (Leaden Flycatcher). 22. Myiagra nitida (Shining Flycatcher). 23. Petræca leggii (Scarlet-breasted Robin). 24. Petræca phoenicea (Flame-breasted Robin). 25. Petræca rhodinogaster (Pink-breasted Robin). 26. Petræca vittata (Dusky Robin). 27. Malurus gouldii (Long-tailed Warbler-Blue Wren). 28. Geocichla macrorhyncha (Ground Thrush). 29. Acrocephalus australis (Reed Warbler). 30. Ephthianura albifrons (White-fronted Chat). 31. Cinclosoma punctatum (The Ground Bird-Ground Dove). |