Hunting Permits
Hunting
Duck Hunting
2004 South Australian Duck and Quail Hunting Season
Hunting and Food Gathering by Aboriginal People
Hunting Permits
Written Permission
Hunting on Crown Land
Hunting and Gathering on Reserves
Commercial Purposes
Destruction Permits
Fishing
Hunting
A person requires a permit to hunt animals. "To hunt," means to take any mammal or bird that has not been domesticated or brought into captivity. "To take" includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure.

Section 68A. (1) of the Act states "Except as provided in subsection (5), a person must not hunt, or have possession of any firearm or device for the purpose of hunting, unless that person holds a permit under this section. Penalty: $1,000. Expiation fee: Division 8 fee.

Section 68A. (4) of the Act states "Where it is proved, in any proceedings for an offence against this section, that the defendant had possession of any firearm or device capable of being used for the purpose of hunting in circumstances that lead to a reasonable suspicion that the defendant had the firearm or device for that purpose, it will be presumed, in the absence of proof to the contrary, that the defendant had possession of that firearm or device for the purpose of hunting.

A Hunting Permit is not required for the purpose of:

(a) the destruction of animals that are endangering human life;
(b) the destruction of animals (other than protected animals) by the owner of any land, a member of his or her household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land;
(c) the taking of an animal in pursuance of any other permit under this Act.

Under the hunting provisions of the Act the fees paid for permits will be paid into the Wildlife Conservation Fund. The Minister may apply this money towards the conservation of wildlife, and land constituting the natural environment or habitat of wildlife, in such manner as the Minister may, upon the recommendation of the South Australian National Parks and Wildlife Council, determine; and the promotion of research into problems relating to the conservation of wildlife.

Duck Hunting
Duck hunting in South Australia is regulated under the National Parks and Wildlife Act 1972 and hunting seasons are set on the basis of climatic conditions and biological criteria relating to duck populations.

Each year around November the seasonal conditions and predictions for rainfall in the coming year are examined together with information on duck populations across eastern Australia to determine if it is appropriate to have a hunting season the following year and to set the dates if conditions are considered favourable.

Information on wetlands and waterbird numbers are obtained from aerial surveys conducted by the NSW National Parks and Wildlife Service across eastern Australia each year along a number of transects or bands which provides a population index for each band and for the region. Records of breeding activity are also obtained for all the waterbird species. Further information on conditions in South Australia regions are obtained from ground observations.

The duck hunting season normally runs from around mid-February to mid-June.>

Hunters are required to have passed a Waterbird Identification Test to obtain their endorsed Hunting Permit and it is mandatory to use non-toxic shot, such as steel or bismuth, when hunting duck in South Australia. This requirement was introduced first at Bool Lagoon Game Reserve in 1987 then for all Game Reserves in 1992 and State-wide in 1994. This requirement was introduced due to concerns over the affect of lead shot deposited in wetlands during hunting. Ingested lead shot has caused high mortalities in various waterbird species on a world wide basis.

In South Australia there are currently around 2,300 licensed duck hunters.

2004 South Australian Duck and Quail Hunting Season
Increased rainfall throughout South Australia during 2003 has improved wetland conditions throughout all southern districts. A restricted Duck and Quail Hunting Season has been declared during 2004 with the following restrictions.

See more information.

For further information please contact the Department for Environment and Heritage on Tel (08) 8124 4972.
More information:

Glenn Shimmin
Biodiversity Conservation Programs
Department for Environment and Heritage
Phone: (61 8) 8222 9413

Hunting and Food Gathering by Aboriginal People
The National Parks and Wildlife Act 1972 makes provision for hunting and food gathering by Aboriginal people.

Tammar Wallaby Macropus eugenii
(Photo: A Robinson)
An "Aborigine" is defined as meaning a person of Aboriginal descent who is accepted as a member by a group in the community who claim descent from the Aboriginal people. "Aboriginal" means of, or pertaining to, the Aboriginal people. "Aboriginal people" means the people who inhabited Australia before European colonisation.

Section 68d of the Act allows an Aborigine to take a protected animal or the egg of a protected animal from land that is not a reserve dedicated under the National Parks and Wildlife Act 1972.

An Aborigine can take a native plant from Crown Land, on any land reserved for or dedicated to public purposes or on any forest reserve. The taking of a native plant from a National Park or Conservation Park is not permitted unless a proclamation has been made by the Governor allowing these activities

The protected animal, egg or plant can only be used for:

(a)food for the person who takes it or for his or her dependants; or
(b)solely for cultural purposes of Aboriginal origin.
Hunting Permits
Section 68e exempts an Aborigine from the requirement to hold a Hunting Permit, so long as they are hunting an animal that will be used as food for the hunter or for his or her dependants, or solely for cultural purposes of Aboriginal origin.

A Hunting Permit is required if an Aborigine is taking an animal for sale eg a commercial kangaroo shooter or commercial rabbit shooter.

A Hunting Permit is not required for the destruction of animals (other than protected animals) by the owner of any land, a member of his or her household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land.

Written Permission
An Aboriginal is required obtain written permission from the landowner to be on land for the purpose of hunting. This provision applies to private land, land held by a Minister, agent or instrumentality of the Crown and to unalienated land of the Crown.

However, section 47(1) of the Pastoral Land Management and Conservation Act 1989 allows an Aborigine to enter, travel across and stay on pastoral land for the purposes of following traditional pursuits (such as hunting and food gathering) of the Aboriginal people.

Hunting on Crown Land
Generally each year, permission is given by the Minister for persons to hunt on Crown Land (except for some environmentally sensitive areas). Persons wishing to hunt on Crown Land should be advised to check with the Wildlife Management Section, Department for Environment and Heritage (NPWSA).

Hunting and Gathering on Reserves
The taking of a protected animal, egg or native plant from a National Park, Conservation Park, Game Reserve, Recreation Park, Regional Reserve, Wilderness Protection Area or a Wilderness Protection Zone is not permitted unless a proclamation has been made by the Governor allowing these activities.

The following reserves have been proclaimed as reserves where an Aboriginal may take a protected animal, egg or a native plant:

Unnamed Conservation Park (Maralinga Tjarutja Aboriginals);
Nullarbor National Park;
Nullarbor Regional Reserve;
Yellabinna Regional Reserve;
Yumbarra Conservation Park.

Reserves can be proclaimed with no restrictions or the reserve could have selected areas proclaimed (ie zoned into hunting and no hunting areas), or selected species could be proclaimed as being able to be taken by an Aboriginal, either over the whole park or within certain areas of the park.

Advice on how to go about proclaiming a reserve to allow hunting and gathering by an Aboriginal can be obtained from the Fauna Permit Unit.

Commercial Purposes
The Act does not provide for an Aboriginal to take a protected animal, egg or native plant for the purposes of sale, barter, exchange.

The following activities are examples where an Aboriginal would require a permit:

Taking an emu egg from the wild for carving and sale;
Collection of bush tucker eg Muntries Kunzea pomifera for sale;
Commercial kangaroo shooting;
Collection of myall, mallee, sandalwood and mulga vegetation for artefacts and sale;
Cultural fairs where an Aboriginal wishes to sell bush tucker as a means of promoting Aboriginal culture.
Destruction Permits

Euro Macropus robustus
(Photo: A Robinson)
Landowners can obtain a Destruction Permit for a protected animal that is causing damage to crops or other property eg kangaroos and wombats. Staff should advise landowners they may wish to consider approaching the local Aboriginal community for assistance. Similarly the Aboriginal should be encouraged to contact the land owner. An Aboriginal is the able to remove and use the carcass. A Destruction Permit is not be required in this case.

Fishing
Fishing legislation administered by the Department of Primary Industries and Resources does not recognise Aboriginal rights for traditional fishing and collecting.