TITLE / Draft LHIB Firearms Policy
DATE ADOPTED / September 2002 / MINUTE / 15i September 2002
REVISED / November 2012, September 2014 / REVIEW / 5 years
FILE REFERENCE / CO0005
ASSOCIATED LEGISLATION / Firearms Act 1996, Firearms Regulation 2006, Crimes Act 1900, Weapons Prohibition Act 1998, Prevention of Cruelty to Animals Act 1979, the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011, National Parks and Wildlife Act, 1974.
ASSOCIATED POLICIES
- Introduction
This document sets out specific policies and procedures for all Lord Howe Island Board (LHIB) officersrequired to possess and use firearms for official duties and other persons working with or for the LHIB in an official capacity, including contractors.
- Background
Firearms are standard and essential tools used by nature conservation agencies, local councils and Boards throughout the world to assist in achieving conservation outcomes, particularly in regard to wildlife management, pest animal control and scientific studies. Consequently, such agencies maintain a range of firearms capable of performing diverse functions.
Under the Lord Howe Island Act 1953, the Lord Howe Island Board is charged with the care, control and management of the Lord Howe Island Group. As such, it is necessary for the Board to maintain a number of firearms that enable it to carry out various functions relating to the Island’s management.
Specifically, the Lord Howe Island Permanent Park Preserve Plan of Management outlines certain actions relating to vertebrate pest species which necessitate the use of firearms.
- Objectives
- To ensure all LHIB officers required to use firearms in the course of their duties are appropriately trained in the safe use of firearms, and undertake firearms-related activities with the utmost safety, diligence and professionalism. These officers must be aware of the requirements and obligations of relevant legislation and the LHIB Firearms Policy (policy);
- To ensure the LHIB provides a safe work environment for all officers; and
- To ensure humane practices are applied in pest control programs or other management activities that require the destruction of animals.
- Key Principles
Under the Firearms Act 1996 the definition of a firearm is:
“A firearm means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include anything declared by the regulations not to be a firearm”.
The LHIB will possess and use firearms to fulfil its legislative and policy obligations. In doing so, the LHIB will meet its legal, policy and ethical responsibilities while recognising the practicalities of day-to-day operations as the Island’s management authority.
4.1 Application of the Firearms Act 1996 and Other Legislation
The LHIB will ensure its activities are consistent with all relevant legislative requirements. The major legislative basis for the management of firearms is the Firearms Act 1996. Other relevant legislation includes Firearms Regulation 2006, Crimes Act 1900, Weapons Prohibition Act 1998,Prevention of Cruelty to Animals Act 1979, theWork Health and Safety Act 2011 and the Work Health and Safety Regulation 2011. Staff involved in the use of firearms will also be required to hold all necessary Licences required under the National Parks and Wildlife Act, 1974.
LHIB officers, and others approved by LHIB, who are required to participate in shooting activities must be legally authorised to do so, and must be aware of the relevant legislation.
4.2 Recreational Shooting
Recreational shooting is not permitted within the LHI Permanent Park Preserve.
With regard to the use of firearms on the Island, the Lord Howe Island Regulation 2004, clause102 (1) states: “A person must not, except in accordance with the approval of the Board, discharge a firearm on the Island.”
4.3 Risk Management
The use of firearms is one of the most humane and effective techniques for destroying animals. The nature of firearms however, means that this is also a dangerous activity. Firearms are capable of harming people and animals, and damaging property. Firearms will therefore always carry an inherent risk when in storage, possession or use. Compliance with the policy will minimise this risk for LHIB officers and other approved firearms users.
All LHIB personnel and others approved in shooting operations must ensure their actions are responsible, accountable and professional. They must exercise strict compliance with relevant legislation and the procedures and technical information contained in this policy. Further information is provided in Section 13 Work Health and Safety.
- Management Structure and Accountabilities
Personnel with delegated firearms management responsibilities must execute their responsibilities in accordance with the Policy.
5.1Chief Executive Officer Lord Howe Island Board
The Chief Executive Officer’s(CEO) duties include to:
- appoint one suitable officer as the LHIB Firearms Officer;
- approve LHIB officers and other persons working with or for the LHIB in an official capacity to use firearms;
- approve all LHIB shooting plans, including aerial shooting plans; and
- ensure all shooting duties are conducted in accordance withrelevant legislation and the LHIB Firearms Policy.
5.2 Lord Howe Island Board Firearms Officer
The LHIB Firearms Officer will take responsibility for all LHIB firearms and their management and use, including being the nominated licence holder of the LHIB government agency firearms licence and will beresponsible for managing the day to day use, record keeping and maintenance of those firearms under their control. They must be licensed to possess and use all categories of firearms under their control includingspecific prohibited weapons requiring a Commissioner’s permit (e.g. silencer).
Duties of the LHIB Firearms Officer include to:
- Ensure all LHIB officers required to use firearms in the course of their duties are appropriately trained in the safe use of firearms, and undertake firearms-related activities with the utmost safety, diligence and professionalism. These officers must be aware of the requirements and obligations of relevant legislation and the LHIB Firearms Policy;
- Ensure the LHIB provides a safe work environment for all officers;
- Ensure humane practices are applied in pest control programs or other management activities that require the destruction of animals.
- Ensure all LHIB officers firearms licenses are current and renew licenses when required;
- Advise the CEO on the number of firearms and firearms users required for the various functions of the Board;
- Collate information on the licenses and training of firearms users and store this information correctly in the relevant registers;
- Report information on firearms maintenance and use to Supervisors and Managers when requested;
- Ensure that firearms safe locations are adequately staffed and managed;
- Prepare shooting plans and complete job safety analysis involving shooting operations;
- Ensure that each firearm under their control does not come into the hands of an unauthorised person;
- Ensure that firearm safe keys are kept in a secure location and that they do not come into the hands of an unauthorised person;
- Ensure that PAB firearm registers (PAB 27 and 29) at each firearms safe location are filled in correctly and are kept in a secure location and
- Ensure that firearms are inspected every 3 months and serviced by a gunsmith every 12 months (as stipulated in Clause 26 and Clause 81 of the Firearms Regulation 2006).
All personnel approved by the LHIB CEO who use, possess or manage firearms or who supervise staff who use, possess or manage firearms, must have access to a copy of the policy. The policy may also be distributed to other NSW government agencies or to NSW government agency contractors, for their information.
- Possession and Use of Firearms
6.1 Possession and Use of Firearms by LHIB Officers
The LHIB will possess and use firearms to fulfil its legislative and policy obligations in a range of areas, including:
Vertebrate pest animal control programs (including wildlife management activities at the Lord Howe Island Aerodrome);
Animal welfare, including the humane destruction of injured wildlife where rehabilitation is not possible; and
Scientific research programs.
The LHIB will only utilise appropriately trained and licenced officers to possess and use firearms for shooting activities.
Under clause 102 (1) of the Lord Howe Island Regulation 2004 it states: “A person must not, except in accordance with the approval of the Board, discharge a firearm on the Island.”
All LHIB officersand other persons working with or for the LHIB in an official capacityundertaking official firearms duties must obtain an authority to discharge a firearm on LHI by the LHIB CEO; this authority must be renewed annually.
LHIB officers must only possess and use LHIB owned firearms while on duty and only in the categories of LHIB firearms that have been specified on the officers NSW Firearms Licence.
All LHIB authorised officers will comply with LHIB Shooting Operational Procedures and undergo a Job Safety Analysis and Plan of Operations brief prior to using a firearm.
LHIB officers must be authorised to harm animals under section 171 of the NPW Act (Authorisation Card).
If a LHIB officer is no longer required to possess and use firearms for official LHIB purposes, the LHIB Firearms Officer must ensure that the officer writes to the Firearms Registry notifying them of the expired need for the officer to have the genuine reasons of ,‘vertebrate pest animal control’, ‘animal welfare’ or‘business/employment’ listed on their licence.
6.2Possession and Use of Firearms by others approved by the LHIB
The CEO must approve other persons, including staff from other agencies, consultants, and contractors to undertake specific firearms related tasks for the LHIB.
When a contractor is used by the LHIB for approved shooting activities, all contracts must include clauses requiring the contractor to comply with all relevant legislation and all sections of the LHIB Firearms Policy.
Before a non-LHIB individual is approved to possess and use firearms on behalf of the Lord Howe Island BoardLHIB, the LHIB Firearms Officer must:
Sight and retain a copy of the original NSW Firearms Licence (not a photocopy) and ensure that the licence is current and valid; that it is endorsed for the specific category of firearm(s) to be used; and that it is issued for reasons which are consistent with the proposed use or operation;
Sight written confirmation of the successful completion of the OEH level 1 and level 2 firearms courses courses.(unless the person is a FAAST accredited shooter undertaking an approved aerial shooting program)[c1]
Sight written confirmation from an appropriately qualified person (as defined in clause 26(1) (f) of the Firearms Regulation 2006 of the safe condition of the firearm(s) to be used;
Ensure that the person is authorised to harm animals under section 171 of the National Parks and Wildlife Act 1974;
Be satisfied that the person has an awareness of all relevant legislative requirements and has been provided with a copies of the LHIB Firearms Policy, the LHIB Shooting Operations Plan and Job Safety Analysis endorsed by the CEO;
Ensure that the person has relevant insurance policies for personal injury and public liability of at least $10 million.
A non-LHIB individual that is approved by the LHIB CEO to possess and use firearms on behalf of the LHIBoardare required to possess & use their own firearms while undertaking firearms duties for the LHIB.
A non-LHIB individual that is approved by the LHIB CEO to possess and use firearms on behalf of the LHIBoardcannot use a firearm to humanely destroy animals unless they have “animal welfare” or “business/employment” listed as a genuine reason on their firearms licence.
6.3 Volunteers
Volunteers must not possess or use firearms, whether LHIB firearms or privately owned, in the performance of any tasks associated with those voluntary activities.
- Licensing and Approval
The LHIB must have a NSW government agency firearms licence. The CEO LHIB Firearms Officer will be the nominated government agency firearms licence holder for the Island.[c2]
All firearms within the LHIB’s armoryarmoury will be registered to the LHIB government agency firearms licence.
The LHIB CEO Firearms Officer will be deemed by the NSW Firearms Registry to be responsible for ensuring compliance with all aspects of the firearms legislation with respect to those firearms and ammunition.
It is the responsibility of the LHIB Firearms OfficerCEO to advise the Firearms Registry, in writing, of any changes to the details of the government agency firearms licence within 7 days of those changes.
7.2 Approval &Licensing Requirements
A NSW government agency firearms licence may be issued to a LHIB officer for work purposes where the CEO LHIB Firearms Officer is satisfied that the use of a firearm is necessary, appropriate and directly related to the performance of the officer’s duties.
The CEO must approve each LHIB officer who is to possess and use firearms for official duties and must ensure that each approved officer is essential for firearms duties.
Each LHIB officer required to use firearms for official duties must have a LHIB endorsed firearms licence. The only allowable reasons to be stated on a LHIB officer’s firearms licence when undertaking official LHIB duties are:
‘vertebrate pest animal control’,
‘animal welfare’, and
‘business/employment’.
LHIB officers may only use LHIB owned firearms and LHIB ammunition under their endorsed firearms licence and the categories listed under that licence.
7.3 Expiry, Refusal, Revocation or Suspension of a Firearms Licence or Permit
LHIB officers, on becoming aware of such circumstances, must immediately report to the LHIB CEO Firearms Officer all known details with respect to:
- A Firearms Licence or permit which has been refused; or
- A Firearms Licence or permit which has expired; or
- A firearm licence or permit which has been suspended or revoked.
A NSW Firearms Licence which is expired, been refused, revoked or suspended is not a valid licence and an officer who does not possess a valid NSW Firearms Licence must cease all firearms related activities until such time as the licence is renewed.
7.4 Firearms Licence Renewal
Renewal of a NSW Firearms Licence, and maintaining an awareness of current licence validity, is the responsibility of individual LHIB officers who have been approved to use firearms on LHI.
7.5 Firearms Registration
LHIB firearms are not to be registered under an individual officer’s name and address. All LHIB firearms are, without exception, to be registered in the name of the LHIB, with the LHIB CEO nominated as the corporate representative.
7.6 Costs
Officers that are required to hold a NSW Firearms Licence for work purposes are entitled to reimbursement of the cost of the licence application and renewal.
LHIB officers are also entitled to the reimbursement of the cost associated with the firearms safety and awareness training, attendance at the annual OEH Firearms Awareness Days (see section 15) or other items (and costs) that are essential in gaining a valid NSW Firearms Licence and LHIB approval to use a firearm.
- Specifications
8.1 Armoury Specifications
The LHIB may possess and use firearms that fall within the Licence Category A and B only.
Standard firearms that the LHIB may possess and use, subject to approval of the CEO and their recommended application are asfollows:
Calibre / Specification / Recommended use.17 / Rimfire, bBolt action, stainless steel barrel, barrel not less than 20 inches long, laminated wood or synthetic stock (preferred), detachable magazine (preferred) / Range: < 80 100 metres
Application: target animals in traps or in field and euthanasia of injured animals
Target animals: birds, ducks, injured animals needing to be euthanised.
.22 / Rimfire ,bBolt action, stainless steel barrel, barrelnot less than 20 inches long, laminatedwood or synthetic stock (preferred), detachable magazine (preferred) / Range: < 50 50 metres
Application: target animals in traps or in field and euthanasia of injured animals
Target animals: birds, ducks, injured animals needing to be euthanised.
.223 / Bolt action, stainless steel barrel, barrel
not less than 20 inches long, laminated
wood or synthetic stock (preferred),
detachable magazine (preferred) / Range: < 150 metres
Application: target animals in traps or in field
Target animals: dogs, feral goats, injured animals
needing to be euthanised.
.30 calibre / bolt action or lever actionstainless steel barrel, barrel
not less than 20 inches long, laminated wood or synthetic stock (preferred),
detachable magazine (preferred) / Range: < 200 metres
Application: target animals in the field
Target animals: dogs, feral goats, injured animals
needing to be euthanised.
12 gauge / Bolt action, side by side, over and under
double barrel or single break barrel shotgun, barrel not less than 24 inches long, laminated wood or synthetic stock (preferred). / Range: < 30 metres
Application: target animals in the field
Target animals: pest bird species
*check to ensure the firearm selected for the programme complies with the COPs and SOPs
8.2 Specialised Firearms
The following specialised non-standard firearms may also be used by the LHIB following approval:
- rifles with silencers;
- net guns; and
- tranquilliser firearms.
8.2.1 Silencers
The LHIB CEO Firearms Officer must determine the number of LHIB officers who will use silencers and the CEO must provide written approval for their use for each such officer.
The purchase or possession of rifle silencers must be approved by the CEOLHIB Firearms Officer.
The LHIB must have an appropriate NSW Police Commissioner’s permit for the use of silencers with all personnel to use the silencer listed on it.
The relevant LHIB Firearms Officer will be the nominated permit holder for any silencers held.