Who do I need permission from?

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

Who do I need permission from?

Post by TheFirearmEnthusiast » 26 Oct 2020, 9:54 am

Hey guys

I hope that everyone is well
I hope that everyone is happy

I just have a very quick question

I live in Victoria
And I have a friend who lives on a rural property
He told me that I can hunt foxes and rabbits on his property
Which is great
I'm very happy about that

However though
He doesn't actually own that property
He's only renting the property

My question to you folks is;
"Who do I need permission from?"

Do I need permission from my friend?
(Who rents and resides on the property)

Or

Do I need permission from the actual owner of the property?

Thanks guys
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Re: Who do I need permission from?

Post by bladeracer » 26 Oct 2020, 11:02 am

It depends somewhat on the situation. If he is merely residing there then you need the property owner's permission as well as the resident's if you are shooting within 250m of the residence. If he is managing the property for the owner, then he is the owner's agent and can give you permission. Of course, if the owner is managing it knowing that the owner will not allow shooting then he can't give his own permission. It is always better all round if you can get permission from the landowner directly.

Same as leased crown land, it is owned by us and is still public land, and the crown has given us permission, but the lessee has to also give permission. We are not prevented from hunting on leased crown land by law directly, we are prevented by the whims of whomever is leasing the land.




TheFirearmEnthusiast wrote:Hey guys

I hope that everyone is well
I hope that everyone is happy

I just have a very quick question

I live in Victoria
And I have a friend who lives on a rural property
He told me that I can hunt foxes and rabbits on his property
Which is great
I'm very happy about that

However though
He doesn't actually own that property
He's only renting the property

My question to you folks is;
"Who do I need permission from?"

Do I need permission from my friend?
(Who rents and resides on the property)

Or

Do I need permission from the actual owner of the property?

Thanks guys
Practice Strict Gun Control - Precision Counts!
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Re: Who do I need permission from?

Post by straightshooter » 27 Oct 2020, 7:22 am

If your friend has a formal lease agreement and is the sole occupant then his permission should be all you need.
If it is an informal arrangement, as is often may be the case with rural properties, then there could be a grey area.
In either case but especially if it is an informal occupancy and/or a smallish property, and you do go shooting, you would be advised to consult the nearest police station beforehand and inform them of your intentions to be shooting on your friend's property and listen carefully to what they may have to say.
The purpose of the visit is not for police approval of your hunting but to forewarn them so that in the event neighbours complain, you and your friend avoid receiving an unannounced visit and all the problems that could flow from that.
Be aware though, more often than not internet advice on just about any subject isn't worth the paper it is written on..
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Re: Who do I need permission from?

Post by TheFirearmEnthusiast » 27 Oct 2020, 9:15 am

Bladeracer;
Very interesting
Yeah, I guess if you wanna err on the side of caution
If you wanna be extra extra safe
Then it's best to get permission from both parties
(The renter + The land owner)
I can't imagine anything going wrong if you have permission from both parties
It just makes it a little harder for me if I need to get permission from the land owner as well though
As I don't know the land owner
And I don't know his stance on rifles and hunting etc

Straightshooter;
My friend does have a formal lease agreement
(Which is good)
My friend is the sole occupant
(Which is good)
I thought I would be okay with just his permission too to be honest
But you never know with all the red tape/regulations we have lol
Yeah, I will be contact the nearest police station to let them know of my activities as well
I think that's the polite thing to do anyway, either way
:)
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Re: Who do I need permission from?

Post by bladeracer » 27 Oct 2020, 10:34 am

You require landowner's permission.
If the tennant is managing the property for the owner then he is the owner's agent, he can make decisions about the property, including giving you shooting permission. If the owner does not allow shooting - and the tennant knows this - then he should not give permission. He can legally do so but will be in trouble with his landlord. If he is unaware though then he can simply withdraw permission if the owner tells him to.

If the tennant is merely residing on the property and the landowner is still managing the property himself then the tennant cannot give you permission.

The law also requires that you have permission from residents of any house you are _target shooting_ within 250m of. If a neighbouring house is 50m over the boundary, and you do not have their permission, then you cannot "target shoot" near it on your own property. You can hunt near it.
It is always best to ensure neighbours are aware that you will be shooting on the property though.

The tennant can give you the landowners contact details. It is a duty of all landowners to manage pest species on their properties, so somebody has to do it.



TheFirearmEnthusiast wrote:Bladeracer;
Very interesting
Yeah, I guess if you wanna err on the side of caution
If you wanna be extra extra safe
Then it's best to get permission from both parties
(The renter + The land owner)
I can't imagine anything going wrong if you have permission from both parties
It just makes it a little harder for me if I need to get permission from the land owner as well though
As I don't know the land owner
And I don't know his stance on rifles and hunting etc

Straightshooter;
My friend does have a formal lease agreement
(Which is good)
My friend is the sole occupant
(Which is good)
I thought I would be okay with just his permission too to be honest
But you never know with all the red tape/regulations we have lol
Yeah, I will be contact the nearest police station to let them know of my activities as well
I think that's the polite thing to do anyway, either way
:)
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Re: Who do I need permission from?

Post by TassieTiger » 28 Oct 2020, 10:47 pm

As a land owner - if my property Manager wrote out a permission slip for a shooter - then, that’s his right as Ive not expressly forbidden it and I’d rate that determination as part of his job.
If that letter was signed “leasee” or “prop manager” then I doubt the police would have issue with it.
If the proverbial hit the fan - I doubt you’d be held to account, as in some cases, it’s next to impossible to find out property owners details and in some cases, ppl don’t want that information known...
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Re: Who do I need permission from?

Post by Ziege » 28 Oct 2020, 11:34 pm

dunno their rules but in WA as long as its the property owner or an "authorised person/agent/manager" its all sweet
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Re: Who do I need permission from?

Post by TheFirearmEnthusiast » 21 Dec 2020, 4:51 pm

For those still wondering about this subject

I have contacted DWELP and GMA

They told me that to be 100% safe, it's better to get written permission from the owner and not the tenant

The GMA/DWELP web site is a little vague regarding this subject

The GMA/DWELP web site states:
"Game species (in season) and pest animals may be hunted on private land provided the hunters have obtained the permission of the landowner/manager"

GMA/DWELP told me that a tenant (renting the property/land) does not necessarily qualify as "manager" of the property

Hence why it's preferable to get permission from the owner and not the tenant
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