Fauna (Protection and Control) (Amendment) Act (No. 42 of 1974)

fa) (a) PAPUA NEW GUINEA ~ ~.. ;o"'&NewGu~ No. 42 of 1974. [As....nted to. 23 July 1974) Fa.una. (Protection a.nd Con.troZ 1 (A,mendmentJ A,ct 1974, being "" "ct to u\\\elld the Fauna. Protection Act 1966, as amended to date. so as to widen the scope of the Act to allow the control. narvesting and destruction of fauna; and . allow fOr the estAblis.hmen.t OfWild1ife]. Management Areas alld the management of those areas by committees; and . allow fOr the taking of fauna for specified purposes. and fOr other purposes. MADE b~ th~ nouse of Assembl~ tc come into ppetation on a dat~ to be fixed by the High Commissiooer by notice published in tbe r-overnment Gazettl. 1. - CHANGE OF CITATION. The Pri~cipal Act, as L~~nded by this Act, ~ay be cited as the pauna (Protedtion and ControZ) Act 1966 as ame~ded. 2. - TITLE. The Title of the Princip~l Act 1srepealed andtbe follo~i~ title inserted in its place : "To lllake 1""0.. 1"'->'0\\ {o~ the }lTotectioll, control. barv~sting and destructioo of fauna, and for other purposes.". 3, ~ PARTS (REP£A~ OF" SferroW s ), 8ec~i~n ~ of the P~i~ci~al Act is.repealed. 4•• DEFHllTI0NS (!lMENDI-IENT OF SECTlON 6). (1) Section 6 of the PrincipalA~t is amended . (a) by in$ertinl?; before the definition Of "bird" the follOWing definition : "!approved org~nizationl rilean~ a scientific Or $oological organization approved ~y the 110. 42 Fauna (P!'oteetion and Contl'oZI 1974 (Amendment) Minister; It; and (b) by omitting the definition of "fauna" and inserting in its place the following definition ; lItfauna t means a member of any species included in the animal ~ingdom, whether native, introduced or imported, or a part or product of a member, but does· not include man;"; and (e) by adding at the end of the definition of "take or kill" the words "and cognate expressions have a corresponding meaning". 1974 (2) For <ue avoidance of doubt it is hereby declared that the change in the definition of "fauna'.' does not affect any notice, permit, authority or exemption made or given under the Principal Act before the commencement of this Act. 5. - PROTECTED FAUNA VESTED IN THE GOVERNMENT (AMENDMENT OF SECTION 14). Section 14 of the Principal Act is amended by omitting the words "All protected fauna" and inserting in their place the words "SUbject to the Regulations, all protected fauna". 6. - EXEMPTIONS (REPEAL OF SECTION 16). (1) Section 16 of the Principal Act is repealed. (2) An exemption in force under Section 16 of the Principal Act immediately before the commencement of this Act Shall be deemed to have been made under Section 25A of the Principal Act as amended by this Act. 7. - RULES (REPEAL OF SECTION 19). (1) Section 19 of the Principal Act is repealed. (2) Rules in force under Section 19 of the. Principal Act immediately before the commencement of this Act shall be deemed to have been made under Section 25B of the Principal Act as amended by this Act. 3. - NEW PART VA. After Section 21 of the Principal Act the following Part is inserted ; " P,~RT VA. - iliLOLlFE I~ANAGEMENT AREAS. '21A. - DECLARATION OF WILDLIFE MANAGEMENT AREAS. (1) Subject to SUbsection (2) the Minister may, by notice in the Gove!'nment Gazette, declare an area to be a Wildlife Management Area for the purposes of this Act. "(2) Where the Minister intends to declare an area to be a Wildlife Management Area he shall- . :a) consult as far as is practicable with the owners of the land within the area to be 4eclared; and 2 1974 > ,: . Of fUI/(. ,~v" O'~ !.-..~' 1:P 4 F~na (Protection and ControtJ ()mandmentJ' H~ 42 .~ ~ 18FE ~~?,7S i" "gH-.-:"'·-:';"'; •tol where the area he intends to declare is "holly C\ or partlY within the area of a Local GoverJJ8R~~ ment Council, consult with the Councilor Councils concerned. "(3) FaUure by the Minister to consult with the CouncU or Councils concerned, as required by Subsection (2), does not iovalidatea declaration made under this Section. "21B •• ESTABLISHrfENT OF ~JILDLIFE MANAGEMENT COf1MITTEES. In the notice referred to in Section 21A or in a subeequenf notice in the Oooernment: Gaz e t t e ; the Minister may in his discretion (oj establisb a lVildlife Management Committee for that area and specify the number of members of that Committee; and (b) appoint one or more persons to be members of the Committee; and (e) specify the manner in which persons (other than tbe persons (if any) appointed under paragraph (b» may become members of the Committee; and (d) specify a person or officer to be the agent of the Committee. "21C. - RULES FOR WILDLIFE MANAGEMENT AREAS; (1) Subject to SUbsection (2), the Min-ister may, after coneur t a t Lon with a WUdlifl;> A1anagl;>ment Committee make rull;>s for thl! protection, propogation, l;>ncouragl;>ment, management, control, harvesting and destruction of fauna in the Wildlife Manageml;>nt Area for which the Committee is appointed. . "(2) Where the Minister intends to make rules in respect of a Wildlife Management Area he ahall ~ (0) consul t. as far as ill practicable with the owners of the land within the area to be declared; and , (b) where the area he intends to <Ieclare is wholly or partly within the area of a Local Govern ment Council, consult with the CouncU or Councils concerned. "(3) Failure by the Minister to consuLt. with the Council or Councila concerne<l. as requirl;>d by Subsection (2), does not invalidate rules made under this Section. "(4) Without limiting the matters in respect of which rulea may be made under Subsection (1) the rules may provide tor (a) licences to authorize a person to take or kill any fauna; and (b) fe·es tor licencea referred to in paragraph (al; and 3 110. 4Z Fauna (Protection and controtJ (Am~dmentJ 1974 (0) a scale or scales of royalties io respect of fauna taken or killed in the Wildlife Management Area: and (d) the disposal of any fees and royalties. "(5) Failure by the Minister to consult withtb,e Wildlife Management Committee concerned, as required 1>1' Subsection (I), does not invalidate rules made .under thi, section. "(6) A person shall not, without reasonable excuse (the burden of proof of which is upon him), contravene or fail to comply With a provision of a rule made under SubSection (1). Penalty: $20.00. "ZII. - FUNCTIONS OF AGENT. (1) Where the rules made by a Wildlife Management Committee provide for the issue of licences, the agent of the Committee shall issue the licences. "(2) The agent of a Wildlife lAanagement Committee is responsible for receiving any licence fees or royalty payments provided for under the rules made by that Committee. "(3) The agent of a Wildlife Management CommHtee shaH account to that Committee for any moneys received by him under Subsection (2). ·Zl£. - AGENT NOT TO REC£lVE REMUNERATION ETC. The agent of a Wildlife Management Committee is not entitled to receive any remuneration or allowance.". 9. - NEW SECrtORS Z5A and 258. Before Section 26 of the Principal Act the following sections are inserted in Part VII. "25A. - EXEMPTIONS. (1) Where, in the opinion of the Minister, it is, in the circumstances of Papua New Guinea, expedient to do so, he may, by notice in the Government Gazette,'exempt a person or class of persons from all.or any of the j>rovisions of Part III., IV. or V, "(2) An exemption under Subsection t1) may be absolute;.. or subject to conditions. "258. - RULES APPLYING TO SANCTUARIES AltO PROTECTED: AREAS. (1) The Minister may, in relation to .. ;. (a) a Sanctuary or class of SanctulLries; or (b) a Protected Area of class of J?rot.ectedAreas, make rules for the protection, propQg...tiO>l,en.eollr~t., ~agement, control,b3,r.vest:lllg a~d~tl'llC~i~pfhl1nain the Sanctuary or class of Sanctuariesot' .tha' Protected Area 4 1974 Fauna (Proteotion and Control) (Amendment) or class of Protected Areas, as the case may be. No. 42 "(2) A person shall not, without reasonable excuse (the burden of proof of which is upon him), contravene or fail to comply with a provision of a rule made under Subsection (1). Penalty: $20.00.". 10. - NE" SECTlOll 29A. After Section 29 of the Principal Act the following section is inserted : "29A. - FAUNA MAY BE TAKEN FOR SPECIFIED PURPOSES. (1) Notwithstanding anything in this Act, fauna being (a) protected fauna; or (b) fauna in a Sanctuary; or (0) fauna, in relation to which a Protected Area has been declared, in that Protected Area, may be taken for a purpose specified by the Minister by notice in the Government Gazette, and the Minister may, in the notice or in a subsequent notice in the Government Gazette, restrict the taking of fauna in anyone or more of the following ways (d) (e) (f) (g) to one or more species of fauna; or to a Sanctuary or class of Sanctuaries; or to a Protected Area or class of Protected Areas; or to a person or class of persons. "(2) A notice under Subsection (1) may be absolute or subject to conditions.". 11. - REGULATIONS (AMENDMENT OF SECTION 31). Section 31 of the Principal Act is amended by inserting after paragraph (a) in Subsection (1) the following paragraph : "(aa) prescribing the circumstances in which a person may acquire ownership of protected fauna; and", 12. - CONSEQUENTIAL AMENDMENTS. The Principal Act is further amended in accordance with the Schedule. Sec. 12. Provision. Section 6 SCHEDULE. Consequential Amendm~nt8. Amendment. (a) Omit the definition of "bird". (b) Omit the deUnitionof "mammal". 5 flo. 42 Fauna (P~oteation and ControZ) (Amendment) 1974 Section 15(1) S~tioIl21(2) Omit "on the application of a bona fide representative of a scientific or zoological organization approved by him". insert "on the application of a represent~ ative of an approved organization". Omit "A pensonv, insert tlSubject to this Act, a person tT • Port Moiesby: E. C. Awo, (iovemme-f1t Printt:T.-9775/4,OlJO.-J().:.i.