Controlling problem deer on private property

Arrangements have been changed to help private landowners in Victoria control problem deer.

All deer species (except Hog Deer) are now unprotected on private land if they are causing damage, subject to certain conditions.

Unprotection of deer on private property FAQ

Unprotection Order

Control of deer on private property fact sheet

Commercial processing of wild deer fact sheet

Previously, deer causing damage on private property could only be destroyed after landowners had applied for and received an Authority to Control Wildlife (ATCW) or by using licensed deer hunters. This created an administrative burden and often delayed control.

All deer species (except Hog Deer) have been declared 'unprotected' wildlife on private land by way of a Governor in Council Order under section 7A of the Act.

The Order will be in place for a period of 10 years. This means that landowners will not be required to apply for and wait to receive an ATCW in order to destroy problem deer. Importantly, problem deer may be destroyed at night under spotlight which is one of the most efficient and effective ways to control deer.

People acting in accordance with this Order are only exempt from spotlighting laws on the private land where the Order applies.  When they are transporting spotlights and firearms through recognised deer habitat, they must still comply with the Wildlife (Game) Regulations 2012.

Hog Deer are not declared unprotected as part of this Order. Landowners with problem Hog Deer will still need to apply  for an ATCW to destroy them.

Conditions regarding the destruction of problem deer on private property

The Order imposes strict conditions regarding the destruction of deer on private property, including:

• any wild deer (except Hog Deer) may be destroyed where they are causing damage or injury to landowners' property, infrastructure (e.g. fences), vegetation
  (e.g. plantations, pasture, gardens) or livestock;
• only landowners on their own properties, their managers, permanent employees or agents may destroy problem deer;
• any person destroying, or in the pursuit of destroying, deer on  a landowner's property must carry written permission signed and dated by the landowner of that property (a written permission form is available to assist landowners);
• written permissions are only valid for 12 months from the day they are signed and may be revoked in writing at any time by the landowner;
• all deer destroyed under this Order must only be destroyed with a firearm that meets the specifications contained in the table below;
• any person acting in accordance with this Order may destroy deer with the aid of a spotlight;
• when meat from deer destroyed under this Order is to be stored or transported, it must be accompanied by documentation or a tag on which the following particulars are legibly written: the name and address of the landowner and property from which the deer was destroyed, and the date it was destroyed;
• any person who contravenes or fails to comply with any part of this Order shall be guilty of an offence under the Wildlife Act 1975, which carries a maximum penalty of up to 50 penalty units.

Any person acting in accordance with this Order may possess and use any part of the deer for personal consumption.

Any commercial harvester acting in accordance with this Order may posses and use the deer for commercial purposes if it is handled in accordance with PrimeSafe requirements and the Australian Standard for the Hygienic Production of Wild Game Meat for Human Consumption or the Standard for the Hygienic Production of Pet Meat.

Landowners can use commercial harvesters, or be commercial harvesters, if they can comply with the requirements outlined above for commercial harvesting.  Alternatively, they can take the deer to a knackery/rendering plant for non-consumptive rendering (e.g. fertilizer).

Note: This Order does not remove the requirements for people to act in accordance with the Firearms Act 1996 which is administered by the Victoria Police.  This includes offences for discharging a firearm on or across private land without the owner's consent.