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Fauna (Protection and Control) Tonda Wildlife Management Area Rules 1976

Fauna (Protection and Control) Act 1966
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 154M.

Fauna (Protection and Control) Tonda Wildlife Management Area Rules 1976

ARRANGEMENT OF SECTIONS.

Fauna (Protection and Control) Tonda Wildlife Management Area Rules 1976

MADE under the Fauna (Protection and Control) Act 1966.

Dated                   200 .

1. INTERPRETATION.

In these Rules, unless the contrary intention appears–

“the agent” means a person appointed to be an agent of the Committee;

“the Area” means the Tonda Wildlife Management Area;

“the Committee” means the wildlife management committee for the Area;

“licence” means a licence granted under Section 5;

“licensee” means a person to whom a licence has been granted.

2. APPLICATION.

These Rules do not apply to persons who hold customary rights to take or kill fauna within the Area.

3. RESTRICTIONS ON HUNTING.

(1) A person shall not take or kill any fauna in the Area unless–

(a) he is the holder of a licence under Section 4; and

(b) he is accompanied by a guide who is a person who holds customary rights to take or kill fauna within the Area; and

(c) the fauna is fauna in respect of which the licence was issued.

(2) A licensee shall not–

(a) take or kill any fauna in that part of the Area which lies–

(i) east of the Bensbach River; and

(ii) west of the Moorehead River; or

(b) use nets for fishing in the Area; or

(c) take or kill any fauna from a vehicle or vessel.

4. LICENCES, ETC.

(1) A person who wishes to take or kill fauna shall apply to an agent for a licence.

(2) An application under Subsection (1) shall state–

(a) the name of the applicant; and

(b) the type of fauna he intends to take or kill; and

(c) if the type of fauna specified is deer–the number of deer the applicant intends to take or kill.

(3) The agent may grant to a person a licence or licences to take or kill–

(a) deer; or

(b) duck; or

(c) fish.

(4) The maximum number of fauna which a licensee may take or kill under the one licence is–

(a) in the case of a licence to take or kill deer–five deer; and

(b) in the case of a licence to take or kill duck–five duck.

(5) An application for a licence shall be accompanied–

(a) by a fee of K2.00; and

(b) by the total amount of royalty payable on fauna the licensee intends to take or kill.

(6) The agent shall issue a written receipt showing details of the amount of fees and royalty paid.

5. DISBURSEMENT OF ROYALTY.

(1) Where a licensee does not take or kill the number of fauna specified on the application for a licence, the agent shall refund to the licensee the amount of royalty paid in respect of the fauna not taken or killed.

(2) As soon as practicable after the expiry of a licence, the agent shall make payment of 50% of the royalty retained to the owner of the land where the fauna was taken or killed.

(3) The receipt for–

(a) refund of royalty shall be signed by the licensee; and

(b) payment of 50% of the royalty shall be endorsed with–

(i) the name and village of the owner of the land; and

(ii) the amount of the payment; and

(iii) the date of the payment; and

(iv) the signature of the agent, the owner of the land and a witness.

6. ROYALTY.

(1) A licensee shall pay to the agent for each type of fauna specified in Column 1 of the Schedule the amount of royalty set out in Column 2 of the Schedule opposite that type of fauna.

(2) After payment of the royalty prescribed in Subsection (1), the fauna in respect of which the royalty has been paid becomes the property of the licensee.

SCHEDULE 1 – ROYALTY.

Office of Legislative Counsel, PNG