Migratory Birds Act 1980

Consolidation MIGRATORY BIRDS ACT 1980 [Consolidated as at 31 March 1995 on the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980] TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Interpretation 4. Permit to take birds 5. Permit to take birds to be issued subject to conditions 6. Open seasons 7. Permit for sale of birds 8. Permit to sell birds to be issued subject to conditions 9. Permit for purchase of birds 10. Permit to purchase birds to be issued subject to conditions 11. Birds not to be taken otherwise than in accordance with a permit 12. Persons not to sell birds otherwise than in accordance with a permit 13. Persons not to purchase birds otherwise than in accordance with a permit 14. Inspector may require production of permit, etc. 15. Suspension and cancellation of permit 16. Restrictions on issue of permit, etc. NORFOLK ISLAND 17. Duration of permit 18. Appointment of inspector 19. Inspector ex officio 20. Delegation 21. Reviews 22. Forfeited birds 23. Fees 24. Regulations . . . . Schedule 2 Birds of a species in danger of extinction Schedule 3 Migratory Birds Schedule 4 Application for Review of a Decision of the Executive Member Migratory Birds Act 1980 An Act relating to the protection of migratory birds Short title 1. This Act may be cited as the Migratory Birds Act 1980. Commencement 2. This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette. Interpretation 3. In this Act, unless the contrary intention appears — “bird of a species in danger of extinction” means a bird, alive or dead, of a species or sub-species specified in Schedule 2, and includes — (a) eggs or parts of eggs; and (b) the skin, feathers or any other part, of such a bird; “inspector” means — (a) a person appointed as an inspector under section 18; or (b) a person referred to in section 19; “migratory bird” means a bird, alive or dead, of a species or sub-species specified in Schedule 3, and includes — (a) eggs or parts of eggs; and (b) the skin, feathers or any other part, of such a bird; “permit” means a permit in force under this Act; “police force” means Police Force of Norfolk Island; “sell” includes exchange; NORFOLK ISLAND 2 Migratory Birds 1980 “take” means take, catch, capture or keep and includes, in relation to a live bird, kill or injure (whether or not for the purpose of taking); Permit to take birds 4. (1) A person may apply in writing to the executive member for the grant to him of a permit to take — (a) migratory birds of a species or sub-species specified in the application; or (b) birds of a species in danger of extinction, being birds of a species or sub-species specified in the application. (2) The application shall state the purpose for which birds of a species or sub-species to which the application relates are proposed to be taken under the permit, being one of the following purposes: (a) keeping for a scientific purpose; (b) keeping for an educational purpose; (c) keeping for a purpose related to propagation; (d) keeping for purposes related to the protection of persons or property from damage, interference or nuisance caused by birds; (e) keeping for a purpose prescribed by the regulations. (3) Subject to section 16, the executive member may grant a permit to the applicant to take birds of a species or sub-species in the application. (4) The executive member shall specify in the permit the purposes for which birds of the species or sub-species to which the permit relates may be taken under the permit, being the purpose specified, in accordance with subsection 4(2), in the application. Permit to take birds to be issued subject to conditions 5. A permit under section 4 is subject to — (a) the condition that the holder of the permit shall not take birds of the species or sub-species to which the permit relates otherwise than for the purpose specified in the permit; and (b) such other conditions, being conditions of any of the following kinds, as the executive member specifies in the permit: 1980 Migratory Birds 3 (i) the number of birds that may be taken alive; (ii) the number of birds that may be taken dead; (iii) the number of eggs that may be taken; (iv) the parts of eggs that may be taken; (v) the parts of birds of particular descriptions and in particular quantities that may be taken; (vi) the age and sex of birds that may be taken; (vii) the condition of birds that may be taken; (viii) the periods, and times of day, during which birds may be taken; (ix) the periods, and times of day, during which eggs may be taken; (x) the numbers of birds that may be taken in particular periods at particular times of the day in relation to the sex, age and condition of the birds; (xi) the places at which birds may be taken in relation to the age, sex and condition of the birds; (xii) the places at which eggs may be taken; (xiii) the methods by which birds may be taken; (xiv) the contrivances that may be used for taking birds; (xv) the furnishing to the executive member of information in relation to birds taken. Open seasons 6. (1) Subject to section 16, the executive member may, by notice published in the Gazette, declare in relation to migratory birds of a species or sub-species specified in the notice, that a period specified in the notice shall be an open season in respect of birds of that species or sub species. (2) Where it is desirable to do so for the protection or conservation of a species or sub-species of bird in respect of which an open season has been declared by notice under subsection 6(1), the executive member may, by instrument published in the Gazette, revoke the notice. Permit for sale of birds 7. (1) A person may apply in writing to the executive member 4 Migratory Birds 1980 for the grant to him of a permit to sell — (a) migratory birds of a species or sub-species specified in the application; or (b) birds of a species in danger of extinction, being birds of a species or sub-species specified in the application. (2) Subject to section 16, the executive member may grant a permit to the applicant to sell birds of a species or sub-species specified in the application. Permit to sell birds to be issued subject to conditions 8. A permit under section 7 is subject to such conditions, as the executive member specifies in the permit, being conditions relating to any of the following: (a) the number of birds that may be sold alive; (b) the number of birds that may be sold dead; (c) the number of eggs that may be sold; (d) the parts of eggs that may be sold; (e) the parts of birds of particular descriptions and in particular quantities that may be sold; (f) the age and sex of birds that may be sold; (g) the condition of birds that may be sold; (h) the periods, and times of day, during which birds may be sold; (i) the class of persons to which birds may be sold; (j) the manner in which birds may be offered for sale; (k) the manner in which birds may be kept for the purposes of sale; (l) the furnishing to the executive member of information in relation to birds sold. Permit for purchase of birds 9. (1) A person may apply in writing to the executive member for the grant to him of a permit to purchase — (a) migratory birds of a species or sub-species specified in the application; or (b) birds of a species in danger of extinction, being birds of a species or sub-species specified in the application. 1980 Migratory Birds 5 (2) The application shall state the purpose for which birds of the species or sub-species to which the application relates are proposed to be purchased, being one of the following purposes: (a) keeping for a scientific purpose; (b) keeping for an educational purpose; (c) keeping for a purpose related to propagation; (d) keeping for a purpose prescribed by the Regulations. (3) Subject to section 16, the executive member may grant a permit to the applicant to purchase birds of a species or sub-species specified in the application. (4) The executive member shall specify in the permit the purpose for which birds of a species or sub-species to which the permit relates may be purchased under the permit, being the purpose specified, in accordance with subsection 9(2), in the application. Permit to purchase birds to be issued subject to conditions 10. A permit granted under section 9 is subject to — (a) the condition that the holder of the permit shall not purchase birds of the species or sub-species to which the permit relates otherwise than for the purpose specified in the permit in accordance with subsection 9(4); and (b) such other conditions as the executive member specifies in the permit, being conditions relating to any of the following: (i) the number of birds that may be purchased alive; (ii) the number of birds that may be purchased dead; (iii) the number of eggs that may be purchased; (iv) the parts of eggs that may be purchased; (v) the parts of birds of particular descriptions and in particular quantities that may be purchased; (vi) the age and sex of birds that may be purchased; (vii) the condition of birds that may be purchased; (viii) the periods, and times of day, during which birds may be purchased; (ix) the class of persons from which birds may be purchased; 6 Migratory Birds 1980 (x) the manner in which an offer to purchase birds may be made; (xi) the manner in which birds purchased may be kept; (xii) the furnishing to the executive member of information in relation to birds purchased. Birds not to be taken otherwise than in accordance with a permit 11. (1) A person shall not take a migratory bird otherwise than— (a) in pursuance of a permit granted under section 4; and (b) in accordance with the conditions to which the permit is subject. Penalty: 10 penalty units. (2) A person shall not take a bird of a species in danger of extinction otherwise than — (a) in pursuance of a permit granted under section 4; and (b) in accordance with the conditions to which the permit is subject. Penalty: 10 penalty units. (3) Subsection 11(1) does not apply in relation to the taking of a bird species or of a sub-species where the bird is taken — (a) by a person ordinarily resident in the Territory; and (b) during a period that is declared by notice under section 6 to be an open season in respect of birds of that species or sub species. (4) Subsections 11(1) and 11(2) do not apply in relation to the keeping of a bird where the bird is kept — (a) in pursuance of a permit granted under section 7 or 9; and (b) in accordance with the conditions to which the permit is subject. Persons not to sell birds otherwise than in accordance with a permit 12. A person shall not sell, offer for sale or keep for the purpose of sale, a migratory bird, or bird of a species in danger of extinction, otherwise than — (a) in pursuance of a permit granted under section 7; and 1980 Migratory Birds 7 (b) in accordance with the conditions to which the permit is subject. Penalty: 10 penalty units. Persons not to purchase birds otherwise than in accordance with a permit 13. (1) A person shall not purchase or offer to purchase, a migratory bird, or a bird of a species in danger of extinction, otherwise than in pursuance of a permit granted under section 9. Penalty: 10 penalty units. (2) A person who has purchased a migratory bird or a bird of a species in danger of extinction shall not keep the bird otherwise than in accordance with the conditions to which a permit granted to him under section 9 is subject. Penalty: 10 penalty units. (3) If a person is convicted in relation to the same bird of more than one offence under this section, the Court may impose one penalty in respect of all the offences but the penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately. Inspector may require production of permit, etc. 14. (1) An inspector may — (a) require a person whom he finds committing or reasonably suspects of having committed an offence against this Act to state his full name and usual place of residence and to state whether he holds a permit; and (b) require a person who holds a permit to produce the permit or evidence of the existence and contents of the permit. (2) A person shall not, without reasonable excuse, fail to comply with such a requirement made of him under subsection 14(1). Penalty: 1 penalty unit. (3) Where an inspector (other than a member of the police force who is in uniform) makes a requirement of a person under subsection 14(1), he shall — (a) in the case of a member of the police force - produce, for inspection by that person, written evidence of the fact that he is a member of the police force; or 8 Migratory Birds 1980 (b) in any other case - produce, for inspection by that person, written evidence of the fact that he is an inspector, and, if he fails to do so, that person is not obliged to comply with the requirement. Suspension and cancellation of permit 15. (1) Where — (a) the holder of a permit is charged with an offence under section 11, 12 or 13 in relation to the permit; and (b) the executive member considers that the circumstances are of such seriousness that the permit should be suspended pending the determination of the charge, the executive member may suspend the permit. (2) Where, upon the hearing of a charge in respect of which a permit has been suspended under subsection 15(1) — (a) the charge is found to be proved (whether or not a conviction is recorded) - the executive member may cancel the permit; or (b) the charge is otherwise disposed of - the executive member shall forthwith remove the suspension of the permit. Restrictions on issue of permit, etc. 16. (1) The executive member shall not in any year commencing on 1 July — (a) grant a permit to a person to take, sell or purchase a migratory bird or a bird of a species in danger of extinction; or (b) declare, in relation to a species or sub-species of migratory bird, that a period shall be an open season in respect of birds of that species or sub-species, unless he is satisfied that — (c) the birds that may be taken in that year under that permit or under that declaration and under all other permits or declarations under this Act will be replaced in the immediately succeeding breeding season by natural reproduction; and 1980 Migratory Birds 9 (d) the variety of species and the balance of the natural ecological systems existing in Norfolk Island will be maintained. Duration of permit 17. Subject to section 15, a permit has effect for a period of 1 year, from and including the date on which it is granted. Appointment of inspector 18. The executive member may, by instrument in writing, appoint a person to be an inspector. Inspector ex officio 19. By force of this section, any member of the police force is an inspector. Delegation 20. (1) The executive member may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation and the power to suspend or cancel a permit. (2) A power so delegated, when exercised by the delegate, shall, for the purpose of this Act, be deemed to have been exercised by the executive member. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the executive member. Reviews 21. (1) Where the executive member makes a decision — (a) to refuse an application for a permit under this Act; (b) to suspend a permit under subsection 15(1); or (c) to cancel a permit under paragraph 15(2)(a), he shall give the person affected by the decision notice in writing of the decision and shall specify in that notice the reasons for the decision. (2) The person may, within 28 days, after receipt of that notice, or within such period as the Court, whether before or after the expiration of that period, allows, apply to the Court in accordance with the form in Schedule 4, for a review of the decision of the executive member. (3) The executive member shall be the respondent to the proceedings. 10 Migratory Birds 1980 (4) A copy of the application shall be served on the executive member within 7 days after the making of the application. (5) The review shall be in the nature of a re-hearing. (6) The Court, upon hearing and determining an application under subsection 21(2) shall — (a) confirm the decision; (b) revoke the decision; or (c) vary the decision, and may make such other order as justice requires. (7) A decision by the Court under subsection 21(6) is final and conclusive and has the same force and effect as a decision of the executive member. (8) In this section, “Court” means the Court of Petty Sessions. Forfeited birds 22. A bird of a species in danger of extinction or a migratory bird with respect to which an offence has been committed under this Act is forfeited to the Administration. Fees 23. A fee of 2 fee units is payable in respect of the grant of a permit. Regulations 24. (1) The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations shall not prescribe a purpose in respect of any provision of this Act unless the Minister considers that the purpose is consistent with international agreements as in force from time to time to which Australia is a party relating to the protection of migratory birds, birds in danger of extinction or their environment. . . . . 1980 Migratory Birds 11 . . . . SCHEDULE 2 Section 3 BIRDS OF A SPECIES IN DANGER OF EXTINCTION Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 1 King Island Emu Dromaius minor 2 Kangaroo Island Emu Dromaius baudinianus 3 Short-tailed Albatross Diomedea albatrus (Japan) 4 Gould’s Petrel Pterodroma leucoptera leucoptera 5 Abbott’s Booby Sula abbotti 6 Red-faced Cormorant (Japan) Phalacrocorax urile 7 Oriental White Stork (Japan) Ciconia ciconia boyciana 8 Japanese Crested Ibis (Japan) Nipponia nippon 9 Aleutian Canada Goose (Japan) Branta canadensis leucopareia 10 White-tailed Sea Eagle (Japan) Haliaeetus albicilla albicilla 11 Steller’s Sea Eagle (Japan) Haliaeetus pelagicus pelagicus 12 Goshawk (Japan) Accipiter gentilis fugiyamae 13 Bonin Buzzard (Japan) Buteo buteo toyoshimai 14 Daito Island Buzzard (Japan) Buteo buteo oshiroi 15 Hodgson’s Hawk Eagle (Japan) Spizaetus nipalens orientalis 12 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 16 Japanese Golden Eagle (Japan) Aquila chrysaetos japonica 17 Ryukyu Serpent Eagle (Japan) Spilornis cheela perplexus 18 Peale’s Peregrine Falcon (Japan) Falco peregrinus pealei 19 Siberian Peregrine Falcon (Japan) Falco peregrinus harterti 20 Volcano Islands Peregrine Falcon (Japan) Falco peregrinus fruitii 21 Japanese Peregrine Falcon (Japan) Falco peregrinus japanesis 22 Japanese Ptarmigan (Japan) Lagopus mutus japonicus 23 Malleefowl Leipoa ocellata 24 Okinawa Rail (Japan) Rallus okinawae 25 Lewin’s Water Rail (Western race) Rallus pectoralis clelandi 26 Macquarie Island Rail Rallus philippensis maquariensis 27 Japanese Crane (Japan) Grus japonensis 28 White Gallinule Notornis alba 29 Nordmann’s Greenshank (Japan) Tringa guttifer 30 Amami Woodcock (Japan) Scolopax mira 31 Little Tern Sterna albifrons 1980 Migratory Birds 13 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 32 Common Murre, Guillemot (Japan) Uria aalge inornata 33 Tufted Puffin (Japan) Lunda cirrhata 34 Stejneger’s Wood Pigeon (Japan) Columba janthina stejnegeri 35 Red-headed Wood Pigeon (Japan) Columba janthina nitens 36 Lord Howe Pigeon Columba vitiensis godmanae 37 Emerald Dove (Japan) Chalcophaps indica yamashinai 38 Norfolk Island Ground- dove Gallicolumba norfolciensis 39 New Zealand Pigeon (Norfolk Island Race) Hemiphaga novaeseelandiae spadicea 40 Western Partridge Pidgeon Petrophassa smithii blaawi 41 Western Long-billed Corella Cacatua pastinator pastinator 42 South-eastern Red- tailed Black Cockatoo Calyptorhynchus baudinii graptogyne 43 Norfolk Island Kaka Nestor productus 44 Norfolk Island Parrot (Green Parrot) Cyanoramphus novaezelandiae cookii 45 Lord Howe Parakeet Cyanoramphus novaezelandiae subflavescens 14 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 46 Macquarie Island Parakeet Cyanoramphus novaezelandiae erythrotis 47 Coxen’s Fig-parrot Psittaculirostris diophthalma coxeni 48 Paradise Parrot Psephotus pulcherrimus 49 Night Parrot Geopsittacus occidentalis 50 Orange-bellied Parrot Neophema chrysogaster 51 Golden-shouldered Parrot Psephotus chrysopterygius 52 Western Ground Parrot Pezoporus wallicus flaviventris 53 Lord Howe Boobook Owl Ninox novaeseelandiae albaria 54 Norfolk Island Boobook Owl Ninox novaeseelandiae undulata Morepork 55 Blakiston’s Fish-owl (Japan) Ketupa blakistoni blakistoni 56 Pryer’s Woodpecker or Okinawa Woodpecker (Japan) Sapheopipo noguchii 57 Owston’s White-backed Woodpecker (Japan) Dendrocopus leucotos owstoni 58 Inoue’s Three-toed Woodpecker (Japan) Picoides tridactylus inouyei 59 Fairy Pitta (Japan) Pitta brachyura nympha 60 Norfolk Island Long-tailed Triller Lalage leucopyga leucopyga 1980 Migratory Birds 15 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 61 Melville Cicadabird Coracina tenuirostris melvillensis 62 Lesser Chinese Bulbul (Japan) Pycnonotus sinensis orii 63 Borodino Wren (Japan) Troglodytes troglodytes orii 64 Ryukyu Robin (Japan) Erithacus komadori komadori 65 Stejneger’s Ryukyu Robin (Japan) Erithacus komadori namiyei 66 Yaeyama Ryukyu Robin (Japan) Erithacus komadori subrufus 67 Roper River Scrub-robin Drymodes superciliaris colcloughi 68 Derby White-browed Robin Poecilodryas superciliosa cerviniventris 69 Kimberley Crested Shriketit Falcunculus frontatus whitei 70 Lord Howe Fantail Rhipidura cervina 71 Amami Ground Thrush (Japan) Turdus dauma amami 72 Lord Howe Island Vinous-tinted Thrush Turdus xanthopus vinitinctus 73 Norfolk Island Thrush Turdus poliocephalus poliocephalus Guava bird; Grey headed blackbird 74 Torishima Bushwarbler (Japan) Cettia diphone panafidinicus 16 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) Column 4 Local Common Name 75 Japanese Swampwarbler (Japan) Megalurus pryeri pryeri 76 Mount Lofty Southern Emu-wren Stipiturus malachurus intermedius 77 Lord Howe Warbler Gerygone insularis 78 South-western Rufous Bristlebird Dasyornis broadbenti littoralis 79 Black-eared Miner Manorina melanotis 80 Regent Honeyeater Xanthomyza phrygia 81 Helmeted Honeyeater Lichenostomus melanops cassidix 82 Hahajima Honeyeater (Japan) Apalopteron familiare hahasima 83 Forty-spotted Pardalote Pardalotus quadragintus 84 Robust White-eye Zosterops strenua 85 Norfolk Island Silvereye Zosterops albogularis White-breasted White-eye; Grinnell 86 Bonin Islands Japanese Greenfinch (Japan) Carduelis sinica kittlitzi 87 Gouldian Finch Erythrura gouldiae 88 Norfolk Island Starling Aplonis fusca 89 Lidth’s Jay (Japan) Garrulus lidthi 1980 Migratory Birds 17 SCHEDULE 3 Section 3 MIGRATORY BIRDS Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 1 Wandering Albatross Diomedea exulans 2 Providence Petrel Pterodroma solandri 3 Streaked Shearwater Calonectris leucomelas (Puffinus leucomelas) 4 Wedge-tailed Shearwater Puffinus pacificus 5 Flesh-footed Shearwater Puffinus carneipes 6 Sooty Shearwater Puffinus griseus 7 Short-tailed Shearwater Puffinus tenuirostris 8 Wilson's Storm-petrel Oceanites oceanicus 9 Leach’s Storm-petrel Oceanodroma leucorhoa 10 White-tailed Tropicbird Phaethon lepturus 11 Brown Booby Sula leucogaster 12 Masked Booby Sula dactylatra 13 Red-footed Booby Sula sula 14 Great Frigatebird Fregata minor 15 Least Frigatebird Fregata ariel 16 Cattle Egret Ardeola ibis (Bubulcus ibis) 17 Great Egret Egretta alba 18 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 18 Northern Shoveler Anas clypeata 19 Garganey Anas querquedula 20 Ringed Plover Charadrius hiaticula 21 Mongolian Plover Charadrius mongolus 22 Large Sand Plover Charadrius leschenaultii 23 Oriental Plover Charadrius veredus 24 Lesser Golden Plover Pluvialis dominica 25 Grey Plover Pluvialis squatarola 26 Ruddy Turnstone Arenaria interpres 27 Western Sandpiper Calidris mauri 28 Red-necked Stint Calidris ruticollis 29 Long-toed Stint Calidris subminuta 30 Baird’s Sandpiper Calidris bairdii 31 Pectoral Sandpiper Calidris melanotos 32 Sharp-tailed Sandpiper Calidris acuminata 33 Curlew Sandpiper Calidris ferruginea 34 Red Knot Calidris canutus 35 Great Knot Calidris tenuirostris 1980 Migratory Birds 19 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 36 Sanderling Calidris alba (Crocethia alba) 37 Ruff Philomachus pugnax 38 Buff-breasted Sandpiper Tryngites subruficollis 39 Broad-billed Sandpiper Limicola falcinellus 40 Asian Dowitcher Limnodromus semipalmatus 41 Marsh Sandpiper Tringa stagnatilis 42 Greenshank Tringa nebularia 43 Wood Sandpiper Tringa glareola 44 Grey-tailed Tattler Tringa brevipes 45 Wandering Tattler Tringa incana 46 Common Sandpiper Tringa hypoleucos 47 Terek Sandpiper Tringa terek (Xenus cinereus) 48 Black-tailed Godwit Limosa limosa 49 Bar-tailed Godwit Limosa lapponica 50 Eastern Curlew Numenius madagascariensis 51 Whimbrel Numenius phaeopus 52 Little Curlew Numenius minutus (Numenius borealis) 53 Pin-tailed Snipe Gallinago stenura (Capella stenura) 20 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 54 Swinhoe’s Snipe Gallinago megala (Capella megala) 55 Latham's Snipe Gallinago hardwickii (Capella hardwickii) 56 Grey Phalarope Phalaropus fulicarius 57 Red-necked Phalarope Phalaropus lobatus 58 Oriental Pratincole Glareola maldivarum 59 South Polar Skua Stercorarius maccormicki 60 Pomarine Jaeger Stercorarius pomarinus 61 Arctic Jaeger Stercorarius parasiticus 62 Long-tailed Jaeger Stercorarius longicauda 63 White-winged Tern Chlidonias leucoptera 64 Black Tern Chlidonias niger 65 Caspian Tern Hydroprogne caspia (Hydroprogne tschegrava) 66 Common Tern Sterna hirundo 67 Black-naped Tern Sterna sumatrana 68 Bridled Tern Sterna anaethetus 69 Little Tern Sterna albifrons 70 Common Noddy Anous stolidus 71 Oriental Cuckoo Cuculus saturatus 1980 Migratory Birds 21 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 72 White-throated Needletail Hirundapus caudacutus 73 Rainbow Bee-eater Merops ornatus 74 Fork-tailed Swift Apus pacificus 75 Barn Swallow Hirundo rustica 76 Yellow Wagtail Motacilla flava 77 Eastern Reef Egret Egretta sacra 78 Yellow Bittern Ixobrychus sinensis 79 Glossy Ibis Plegadis falcinellus 80 White-bellied Sea-eagle Haliaeetus leucogaster 81 Sarus Crane Grus antigone 82 Red-legged Crake Rallina fasciata 83 Corncrake Crex crex 84 Pheasant-tailed Jacana Hydrophasianus chirurgus 85 Painted Snipe Rostratula benghalensis 86 Little Ringed Plover Charadrius dubius 87 Eurasian Curlew Numenius arquata 88 Redshank Tringa totanus 89 Dunlin Calidris alpina 22 Migratory Birds 1980 Column 1 Item Column 2 Common name Column 3 Scientific name (species or sub-species) 90 Lesser Crested Tern Thalasseus bengalensis (Sterna bengalensis) 91 Greater Striated Swallow Hirundo striolata 92 Yellow-headed Wagtail Motacilla citreola 93 Grey Wagtail Motacilla cinerea 94 White Wagtail Motacilla alba 95 Great Reed-warbler Acrocephalus arundinaceus 96 Arctic Willow Warbler Phylloscopus borealis 97 Andrew's Frigatebird Fregata andrewsi 98 Caspian Plover Charadrius asiaticus SCHEDULE 4 Section 21 NORFOLK ISLAND Migratory Birds Act 1980 APPLICATION FOR REVIEW OF A DECISION OF THE EXECUTIVE MEMBER In the Court of Petty Sessions Applicant: (Here insert full name and address of the applicant) Respondent: (Here insert full name and address of the respondent) The applicant applies to the Court in pursuance of the Migratory Birds Act 1980 for a review by the Court of the following decision of the executive member of which notice was given to the applicant on (here insert the date on which notice was given to the applicant): (Here set out the terms of the decision of the executive member) Dated this day of 20 . (Signature of the applicant) 1980 Migratory Birds 23 NOTES The Migratory Birds Act 1980 as shown in this consolidation comprises Act No. 23 of 1980 and amendments as indicated in the Tables below. Enactment Number and year Date of commencement Application saving or transitional provision Migratory Birds Act 1980 23, 1980 15.10.80 Statute Law Revision (Penalties and Fees) Act 1984 9, 1985 13.5.85 Migratory Birds Amendment Act 1988 13, 1988 14.7.88 Statute Law Revision (Self Government) No. 4 Act 1991 17, 1991 1.11.91 Migratory Birds Amendment Act 1993 17, 1993 29.7.93 Table of Amendments ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 3 am 13, 1988 3(2) rep 13, 1988 4 am 17, 1991 5 am 17, 1991 6 am 17, 1991 7 am 17, 1991 8 am 17, 1991 9 am 17, 1991 10 am 17, 1991 11 am 9, 1985 12 am 9, 1985 13 am 9, 1985 14 am 9, 1985 24 Migratory Birds 1980 ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 15 am 17, 1991 16 am 13, 1988; 17, 1991 18 am 17, 1991 20 am 17, 1991 21 am 13, 1988; 17, 1991 22 am 13, 1988 23 am 9, 1985 24(1) am 17, 1991 24(2) rs 13, 1988 Schedule 1 rep 13, 1988 Schedule 2 rs 13, 1988; 17, 1993 Schedule 3 rs 13, 1988 © Norfolk Island Government 2002 The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Draftsperson, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.