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09-Nov-07, 06:17 AM
|  | Seller | Join Date: May-06 Location: Somewhat Ashamed To Say On This Site Now! Age/Gender: 24  | | | Killing Vens - The Legal / Not Legal Debate....
look what i just found..... hmm..... Quote:
Section 54(2) of the National Parks and Wildlife Act 1972 states that "It is lawful for any person without any permit or other authority under this Act, to kill any poisonous reptile that -
(a) has attacked, is attacking or is likely to attack, any person;
(b) is in dangerous proximity to any person;
(c ) is, or has been, in such proximity to a person as to cause reasonable anxiety to that person.
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looks like those people that do it have a nice loophole to slip through.... grrrrrrr!
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09-Nov-07, 06:27 AM
|  | Subscriber | Join Date: Jan-07 Location: Syd Gender: | | | |
What a drag .
That's not a loop-hole to slip through , it's a great big open gate to drive a mack truck through.
It's hard to imagine it being changed to...
"It is lawful to kill a venomous snake if it's 2 feet in front of you & striking wildly at you while you're backed up in the corner of your one man tent".
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09-Nov-07, 06:27 AM
|  | Subscriber | Join Date: Jan-03 Location: Sydney | | | |
Exactly right, you basically could run a mile to chase down a snake and kill it, and the fact you were within 'such proximity' to the animal to be able to kill it is enough to make it legal
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09-Nov-07, 06:34 AM
| | Seller | Join Date: May-06 Location: Somewhat Ashamed To Say On This Site Now! Age/Gender: 24 | | | |
i know.... i knew there was this section making it legal....
but i'd never seen it in writing before now....
so we now all know you can go and bludgeon whatever brown snake you want and get away with it.... pffft.
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09-Nov-07, 06:46 AM
| | Subscriber | Join Date: Jan-07 Location: Syd Gender: | | | Quote:
Originally Posted by MoreliaMatt  i know.... i knew there was this section making it legal....
but i'd never seen it in writing before now....
so we now all know you can go and bludgeon whatever brown snake you want and get away with it.... pffft. | Bludgeon whatever snake you want full stop ,----oh sorry , didn't know it was an Ant Hill Python , thought it was a Taipan . When all's said & done , education is the only solution I think , even if only to the ignorant folk that are making & upholding these archaic laws & ideas.
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09-Nov-07, 07:24 AM
|  | slimin about! Subscriber | Join Date: Aug-06 Location: Cairns | | | |
I'm under the thought that most our reptiles aren't poisonous - you'd easily be able to argue that.
Even then, the closest to that we have is the cane toad... So... that could be argued against...
I'm sure there are legal definitions to poisonous and venomous - there's certainly scientific differences. I'd say the RSPCA would have an easy win if the lawyers defending a reptile killer were to use that section of the law.
And finally, the 'reasonable anxiety' - that doesn't wash with me. Seems to me to be poorly educated law makers scribbling to save their own assets!
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09-Nov-07, 07:26 AM
|  | Subscriber | Join Date: Jul-07 Location: North Brisbane, Qld Age/Gender: 27 | | | |
Half the people I meet on callouts cant tell the difference between a ven and a non ven. For egsample - The other day i got a phone call from a guy in his 40s swearing that he had a brown snake in his bird cage that killed both his birds, I got there it was a well marked coastal carpet python.
Its a real shame that people kill snakes especially harmless ones. Ive seen that far too often where a python or tree snake was killed just because some one thought all snakes are dangerous.
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09-Nov-07, 07:38 AM
| | Regular Member | Join Date: Mar-04 Location: Newcastle, NSW Age: 29 | | |
This is yet another example of how our legal system is just full of stuidity.  
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09-Nov-07, 07:42 AM
|  | Regular Member | Join Date: Mar-07 Location: Cairns Age/Gender: 22 | | | |
GRRRR!
i rang up and spoke to a girl from the epa and asked her (clearly) what colubrids can be kept on a qld restricted licence, she said, "colour birds, what colour?"...
i know this doesnt have much to do with the mindless killing of venomous snakes but it just goes to show that npws need a major kick up the bum!
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09-Nov-07, 07:56 AM
|  | Necker Cube Subscriber | Join Date: Feb-07 Location: NSW | | | Quote:
Originally Posted by slim6y I'm under the thought that most our reptiles aren't poisonous - you'd easily be able to argue that.
Even then, the closest to that we have is the cane toad... So... that could be argued against...
I'm sure there are legal definitions to poisonous and venomous - there's certainly scientific differences. I'd say the RSPCA would have an easy win if the lawyers defending a reptile killer were to use that section of the law. | Unfortunately not. All laws are based on interpretation from a "reasonable person" which, as time progresses, seems to be getting dumber and dumber. The legal "reasonable person" would consider poisonous and venomous synonymous and therefore you couldn't make that argument.
This legislation legalises the killing of snakes in any area except within national parks (and even then the borders of the park wouldn't be protected). It's a shame but I do think education is the key.
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09-Nov-07, 07:57 AM
|  | Subscriber | Join Date: Dec-04 Location: Somewhere near Brisbane | | | |
It's like I said in the last thread on this subject it is virtually impossible to get prosecuted for killing a snake, venomous or not. It's funny how they would throw the book at someone who picks a snake up and takes it home, looks after it, feeds it etc but kill the very same snake and you are fine.
It's pathetic.
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09-Nov-07, 07:57 AM
| | Suspended | Join Date: Mar-05 Location: Sydney | | | |
Yep spot on Matt.
Problem is that the law is there to protect 'people' rather than protect the 'animal' which is what it was intended for in the first place.
But, the chances of getting that nasty peice of legislation changed is buckleys...
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09-Nov-07, 08:22 AM
|  | Regular Member | Join Date: Nov-03 Location: Melbourne, Australia Gender: | | | Quote:
Originally Posted by boa It's like I said in the last thread on this subject it is virtually impossible to get prosecuted for killing a snake, venomous or not. It's funny how they would throw the book at someone who picks a snake up and takes it home, looks after it, feeds it etc but kill the very same snake and you are fine.
It's pathetic. |
Exactly!!! You can kill em, just as long as you don't take one home and look after it! (I can understand that if it was open slather on collecting snakes wild populations would certainly diminish, but it's a comparable point in the overall context of things)
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09-Nov-07, 08:28 AM
|  | Regular Member | Join Date: Aug-07 Location: sydney Gender: | | | |
I thought they were talking about the 2 types of turtles that are poisonous if eaten..................
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09-Nov-07, 08:35 AM
|  | Regular Member | Join Date: Aug-06 Location: Brisbane | | | |
Unfortunately you cannot educate the people that refuse to be "educated"
The worst thing I have heard of is when a so called "friend" of mine boiled the kettle to pour over a common green tree snake that was hiding near her toilet - pppffttt - she chucked the boiling contents on the snake
I mentioned that the snake was harmless, she just said
"Oh know but my sister in law is pregnant and she was afraid to go to the toilet"
What do you do with that sort of intellect ??
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