Wildlife refuges

14 Wildlife refuges
  • (1) Notwithstanding anything to the contrary in the Conservation Act 1987, the Government Railways Act 1949, or any other Act affecting lands of the Crown, the Governor-General may from time to time, by Proclamation, declare any area described in the Proclamation and available for the purpose, subject in the case of any land other than unoccupied land of the Crown to the consent of the occupier, to be a wildlife refuge for the purposes of this Act, and may in like manner revoke or amend any such Proclamation:

    provided that—

    • (a) no Proclamation issued under this subsection shall affect any land of the Crown unless it is issued on the joint recommendation of the Minister of Conservation and the Minister charged with the administration of the department of State having the control of the land:

    • (aa) no Proclamation issued under this subsection shall affect any waters of the sea or of any harbour within the meaning of the Harbours Act 1950 unless it is issued on the joint recommendation of the Minister of Conservation and the Minister of Transport:

    • (b) land held for a public work other than a wildlife refuge that is required for a wildlife refuge may be declared to be a wildlife refuge only by a notice under section 191 of the Public Works Act 1981:

    • (c) [Repealed]

    • (d) any Proclamation issued under this subsection may be revoked without the consent of the occupier:

    • (e) a conservation area within the meaning of the Conservation Act 1987 and any foreshore adjacent to any such area, required for a wildlife refuge shall be reserved as such pursuant to section 18 of that Act, and thereupon shall be subject to any or all of the provisions of this Act relating to wildlife refuges, but otherwise shall be subject to the Conservation Act 1987:

    • (f) any Proclamation issued under this subsection may prohibit or restrict the pollution of any wildlife refuge by means of rubbish, sewage, industrial waste, mining debris, sawmill refuse, or any other means.

    (1A) Where a wildlife refuge has been declared under subsection (1), the Governor-General may, by the Proclamation or notice declaring the wildlife refuge, or by a subsequent Proclamation or notice, prohibit or restrict the use of boats (including any launch, boat, canoe, or other similar craft, whether propelled by mechanical power or not) in the wildlife refuge or in any portion thereof, and by any person or classes of persons, as may be specified in the Proclamation or notice:

    provided that nothing in any such prohibition or restriction shall derogate from any provision of the Harbours Act 1950 or the Shipping and Seamen Act 1952.

    (1B) Any prohibition or restriction under subsection (1A) may be absolute or conditional, and the Proclamation or notice may authorise the Minister or the Director-General to grant exemptions from the prohibition or restriction.

    (1C) Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) who does any act that is for the time being prohibited by a Proclamation or notice under subsection (1A) or fails to comply in any respect with any condition imposed in any such Proclamation or notice.

    (2) Where a wildlife refuge has been declared under subsection (1), the Minister may authorise in writing the occupier of any land included in the wildlife refuge or any other person having the authority of the occupier—

    • (a) to keep or bring domestic animals on or onto the land:

    • (b) to keep or bring firearms or explosives on or onto the land:

    • (c) to discharge firearms or explosives on the land:

    • (e) to do any other acts necessary for the carrying on of the normal use of the land, subject to such conditions as may be prescribed in the Proclamation.

    (2A) Any officer of the Department of Conservation appointed as a ranger under subsection (1) of section 38 or any ranger appointed under paragraph (c) of subsection (2) of that section or any other person authorised in writing in that behalf by the Director-General, either generally or in any particular case, may bring firearms or explosives on to any wildlife refuge for the purpose of destroying any animal specified in Schedule 2 or Schedule 5 or Schedule 6 or any rabbit or hare, where that animal or rabbit or hare is a nuisance or is causing damage to that wildlife refuge or to any wildlife in that wildlife refuge.

    (3) While any Proclamation or notice under subsection (1) remains in force, it shall not be lawful for any person, except as provided in subsection (2) or subsection (2A) or in subsection (2) of section 5 or pursuant to an authority granted under section 53 or section 54, to hunt or kill for any purpose, or molest, capture, disturb, harry, or worry any wildlife in the wildlife refuge, or to take, destroy, or disturb the nests, eggs, or spawn of any such wildlife, or for any person to bring onto the wildlife refuge or have in his possession or discharge in the wildlife refuge any firearm or explosive, or have in his possession or control in the wildlife refuge any dog or cat, or to do anything likely to cause any wildlife to leave the wildlife refuge.

    (3A) Every person who contravenes subsection (3) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5).

    (4) Notwithstanding anything in this Act or in any regulations under this Act, the performance in any wildlife refuge by any person of any act authorised by the Minister under subsection (2) shall not be deemed a breach of this Act.

    (5) Every sanctuary constituted at the commencement of this Act by a warrant under section 6 of the Animals Protection and Game Act 1921–22 shall be deemed to be a wildlife refuge for the purposes of this Act.

    Compare: 1921–22 No 57 s 6

    Section 14(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1) proviso paragraph (a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1) proviso paragraph (aa): inserted, on 21 October 1959, by section 4(1) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 14(1) proviso paragraph (aa): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1) proviso paragraph (aa): amended, on 1 September 1972, pursuant to section 6(2)(a) of the Ministry of Transport Amendment Act 1972 (1972 No 4).

    Section 14(1) proviso paragraph (b): amended, on 6 December 1983, by section 3(1) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 14(1) proviso paragraph (c): repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1) proviso paragraph (d): inserted, on 19 September 1980, by section 5 of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 14(1) proviso paragraph (e): replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1) proviso paragraph (e): amended, on 22 October 2003, by section 3 of the Wildlife Amendment Act 2003 (2003 No 103).

    Section 14(1) proviso paragraph (f): inserted, on 19 September 1980, by section 5 of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 14(1A): inserted, on 10 May 1956, by section 3 of the Wildlife Amendment Act 1956 (1956 No 5).

    Section 14(1A): amended, on 6 December 1983, by section 3(2) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 14(1B): inserted, on 10 May 1956, by section 3 of the Wildlife Amendment Act 1956 (1956 No 5).

    Section 14(1B): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(1B): amended, on 6 December 1983, by section 3(2) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 14(1C): inserted, on 10 May 1956, by section 3 of the Wildlife Amendment Act 1956 (1956 No 5).

    Section 14(1C): amended, on 25 October 2013, by section 20(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

    Section 14(1C): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 14(1C): amended, on 6 December 1983, by section 3(2) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 14(2)(d): replaced, on 17 November 1964, by section 3(1) of the Wildlife Amendment Act 1964 (1964 No 63).

    Section 14(2A): inserted, on 21 October 1959, by section 4(3) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 14(2A): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 14(2A): amended, on 17 November 1964, by section 3(2) of the Wildlife Amendment Act 1964 (1964 No 63).

    Section 14(3): amended, on 6 December 1983, by section 3(2) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 14(3): amended, on 21 October 1959, by section 4(4) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 14(3A): inserted, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 14(3A): amended, on 25 October 2013, by section 20(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).