+2
» ( 0)
ออง
Objects and Reasons,
The main object of this Bill is the protection of non- edible wild birds throughout the year and the prohibition of the export of the plumage and skins of such birds, and the protection of certain edible birds during the breeding
season.
As it seemed desirable that all matters relating to wild birds and game should be dealt with in one Ordinance, it is proposed to repeal the Wild Birds and Game Preservation Ordinance, 1885, the provisions of which, with unimportaut alterations, are incorporated in the Bill.
The general scheme of the Bill is to divide wild birds into three classes. The first class consists of birds which may be shot and taken at any time by any one who holds a licence from the Captain Superintendent of Police; these birds are snipe, woodcock, geese and swans. The second class consists of birds which may, under licence, be shot or taken at any time except during the close season prescribed by the Bill; these birds are pheasants, partridges, plover, quail, wild duck, widgeon, teal, and pigeons of the scale back or large grey variety. The third class consists of all wild birds other than those mentioned above; these may not be shot or taken at any time. The nests and eggs of the birds in the third class are protected throughout the year, and the nests and eggs of the birds in the second class are protected during the close season.
The provisions of the Bill relating to "game", which is defined as meaning every description of deer, hare and rabbit, are practically the same as those of the existing Ordinance, except that the close season is now made to extend from the 1st February to the 15th October.
The main provisions which will be new law in the Colony are contained in clauses 4, 6 and 7 of the Bill.
Clause 4 makes it an offence to kill, wound or take any bird included in Schedule A, which is the class of birds protected throughout the whole year. It also makes it an offence to take or injure any nest or egg of any such bird, or to offer for sale or have in possession any part of any such bird or the nest or eggs of any such bird, or to export the skin, plumage, nest or eggs of any such bird. The offences of offering for sale, having in possession, and exporting, will however apply only to birds, nests or eggs taken in the Colony after the commencement of the Ordi-
nance.
Clause 6 makes it an offence to kill, wonud or take, or to attempt to kill, wound or take during the close season any bird specified in Schedule B, which is the class of birds protected during the breeding season. It also makes it an offence to take or injure the nests or eggs of such birds, or to have in possession, or to offer for sale, or purchase, or export any such bird, or any part of any such bird, or the nest or eggs of any such bird. The offences of having in possession, offering for sale, purchasing and exporting, are confined to the case of birds, nests or eggs taken in the Colony during the close season.
The close season has been altered so as to extend from the 1st February to the 15th October as it appears that the shorter period fixed under the existing Ordinance is not long enough to include the whole of the breeding season of all the birds which it is desired to protect.
Clause 7 provides that where any person is proceeded against for offering for sale or having in possession or exporting any bird, nest or eggs, the ouns of proof that the bird, nest or eggs were taken without the Colony or before the commencement of the Ordinance or otherwise than during the close season, as the case may be, shall be on the defendant.
The penalty for offences against the Ordinance, and for breaches of the conditious of the licence, has been fixed at $50.
It is also provided that any bird, nest or eggs in respect of which a conviction takes place shall be forfeited.
Power is given to the Governor-in-Council to amend the Schedules in any way, and to alter the close season.
The form of licence to be issued appears in Schedule C to the Bill.
J. H. KEMP,
Attorney General.
C