“The Western Australian government acknowledges that Aboriginal people are the traditional owners of the lands and waters that it manages and understands that Aboriginal people need to access country in order to carry out customary activities to maintain culture and connection to the land. For this reason, s.23 of the Wildlife Conservation Act 1950 (WA) exempts Aboriginal people from conservation laws when hunting for food for his or her family.”
Noongar Hunting Rights
SWALSC understands that Noongar hunters need to be able to buy ammunition at this time so they can hunt for food for their families and provide for the Elders in our community.
SWALSC is aware that the WA State Government has put some restrictions in place on the sale of ammunition that is making it hard for Noongar hunters to buy the ammunition they need.
Noongar hunters are entitled to hunt with a fire arm on DBCA managed lands and are entitled to buy ammunition (PDF 82.5KB) to do so. This has been made clear by the Commissioner of Police in writing on the 28th of March 2020 linked below.
When the Police Commissioner gave the order to close gun shops, he created an exemption to allow gun shop owners to open their doors, by appointment, to an Aboriginal person who is entitled to hunt over particular land and waters [as at Emergency Management Act 2005 (WA) Section 71 Closure of Gun Shops (No 2) s.4(c)].
Proof that someone is Aboriginal is not required, however the wording of the Commissioner’s Order does say: “…Proof by way of a statutory declaration may be required to establish that a person falls within one or more of the categories of exemptions.”
In a Frequently Asked Questions (PDF 422KB) notice circulated to gun shop owners on 3 April 2020 by the Licensing Enforcement Division of the WA Police Force, gun shop owners were provided with the following information:
“Question: What evidence is required that a person is an Aboriginal person for the purposes of obtaining a firearm or ammunition?
Answer:
In addition to holding a valid firearms licence either of the following forms of evidence will be required:
An Identification Card issued by the South West Aboriginal Land and Sea Council. This card will include the person’s name and member number. Should there be any question as to the validity of this card contact should be made with the South West Aboriginal Land and Sea Council at http://www.noongar.org.au/ or by telephone on 08 9358 7400.
OR
A Statutory Declaration should be provided which states that the person identifies as Indigenous Australian and is entitled to exercise a native title right to hunt over particular land and waters. The land and/or water should be specified.”
Some gun shop owners have misunderstood this to mean that a SWALSC identification card must be required. It does not. A Signed Statutory Declaration from you as a Noongar Hunter is sufficient evidence if you do not have a SWALSC Membership card.
If a gun shop owner is confused and does not agree to open for you or sell you the ammunition you need, then show them this webpage and the documents linked above and below to help them understand that they are allowed to sell you ammunition because you are an Aboriginal person and you have a lawful right to purchase ammunition.
You can get a blank Statutory Declaration Form from a Post Office, or you can download a statutory declaration here (PDF 58KB) and add the words:
“I declare that I am a Noongar Aboriginal Person who has a lawful right under the CALM Act 1984 (PDF 1MB) (WA) to hunt with a fire arm on certain lands managed by the Department of Biodiversity, Conservation and Attractions in the State of Western Australia.”
This right to hunt with a firearm on DBCA managed lands comes with some exclusions, so please read this guide by DBCA to ensure you know your rights and responsibilities and hunt safely and within the rules:
