Dear San Remo Wombat supporters,

We had a conversation with the Conservation Regulator (state government) today, to clarify our understanding of how dogs visiting and/or entering wombat burrows on the San Remo back beach was not a breach of the Wildlife Act 1975. 

As experienced wildlife volunteers, and having worked in the sector for many years, we had the impression that dogs entering wombat burrows may represent a wilful disturbance of wildlife, due to their owners disregarding the rules of the beach, and not having sufficient supervision of their dogs so that their dogs were negatively impacting wombats by entering/visiting their burrows. We concluded this having read the following clauses in the legislation:

Wildlife Act 1975: Part VII—Offences - 58 Molesting and disturbing etc. protected wildlife (p. 100)

"(1) Any person who [without an appropriate permit as per subsection 2]:
(a)  wilfully molests or injures protected wildlife or wilfully causes protected wildlife to be molested or injured;
(b)  wilfully disturbs, chases or herds protected wildlife or wilfully causes protected wildlife to be disturbed, chased or herded;
(c)  wilfully separates protected wildlife from its young or causes it to be so separated — shall be guilty of an offence against this Act.
20 penalty units."
https://www.legislation.vic.gov.au/in-force/acts/wildlife-act-1975/130

However, today, the Conservation Regulator clarified, that the legislation is only true, as above, if it's a person doing the Molesting and disturbing of protected wildlife. If a dog is doing it, is doesn't constitute a breach. 

A breach would exist, if a dog owner instructs their dog to chase or hunt protected wildlife.

We thought we'd clarify this information for all those who have signed our petition, and encourage anyone who signed our petition due to their understanding that there was a breach of the Wildlife Act 1975 happening, to retract their signatures via these instructions:

Find the confirmation email you received from Change.org when you signed our petition and click the "Didn't sign this petition? Remove your signature" link at the bottom. 

We apologise for this misunderstanding of the legislation, and hope you are understanding that it wasn't an obvious conclusion to make after consulting the Act.

We hope that future drafts of the Wildlife Act include clauses that also deem dogs disturbing wildlife and/or their nests will constitute a breach of the law, as in our view, dogs visiting and entering wombat burrows does present a significant risk to wombats, their joeys and dogs. 

All the best,
Eve Kelly
Friends of San Remo Wombats