Miscellaneous Restrictions Under Australian Legislation

962. Some Examples. It is not intended to analyse the many other Acts which may restrict traditional hunting and fishing activities, but a few examples will indicate the nature of the provisions involved. For example:

  • Firearms legislation in most states makes it an offence to use a firearm in a public place,[1734] or to possess a firearm on enclosed land,[1735] or to discharge a firearm on land owned by another without the owner’s consent.[1736]

  • Similarly the Draft Code of Practice for the Shooting of Kangaroos, issued by the Council of Nature Conservation Ministers in 1984 makes no provisions for traditional hunting.[1737]

  • Under the Forests 1919 (WA) it is an offence to destroy or remove timber from a forest (s 45), to unlawfully possess forest products (s 51), or to hunt indigenous animals or birds (s 49) in a State forest. No special provisions are made for Aboriginal people.

  • Under the Crown Lands Act 1929 (SA) it is an offence to remove timber, metals, soil, and sand from Crown land (s 275). A licence to remove such material is required (s 24). Section 272 prohibits the unauthorised use of Crown land. However merely traversing the land or camping temporarily on the land does not constitute unauthorised use (s 272(2)). No special attempt has been made to recognise Aboriginal interests under this Act.

  • Similarly under the Forestry Act 1950 (SA) it is an offence to interfere with or to destroy property under the control of, or belonging to the Ministry or the Forestry Board (s 18). There is no special allowance for Aboriginals under this Act.

  • The Forestry Act 1916 (NSW) makes it an offence to cut, obtain or damage any timber or tree or products in a state forest, timber forest or flora reserve, without lease or licence to so do. The Government may also make regulations prescribing the use of firearms, and the lighting of fires, in forestry areas and prohibiting or regulating the destruction or shooting of game in state forests, or timber reserves.[1738]