National Parks and Reserves Regulations 1999

National Parks and Reserves Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the National Parks and Wildlife Act 1970 .

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the National Parks and Reserves Regulations 1999 .

2.   Commencement

These regulations take effect on the day proclaimed under section 2(1) of the Regional Forest Agreement (Land Classification) Act 1998 .

3.   Interpretation

In these regulations –

Act means the National Parks and Wildlife Act 1970 ;

authorised person means  –

(a) a ranger entitled to exercise the powers of a ranger in respect of reserved land; or

(b) any person authorised under regulation 25 ;

drive includes ride, take, use, or be in charge of, a vehicle;

game authority means an authority or general authority granted under regulation 19 ;

hide means a construction the function or purpose of which is to conceal a person as an aid to the observing, photographing or taking of wildlife;

road means –

(a) a constructed road with a surface suitable for the use of motor cars; or

(b) any place set aside by the managing authority for the parking of vehicles;

stock means –

(a) goats, horses, oxen, sheep, swine, cervids and camelids; and

(b) poultry of any kind; and

(c) oysters, mussels, abalone, scallops and clams; and

(d) fish of the family Salmonidae and goldfish;

structure includes a hide;

vehicle means a vehicle as defined by the Traffic Act 1925 ;

vessel means a vessel as defined by the Marine and Safety Authority Act 1997 .

PART 2 - Care, control and management of reserved land

Division 1 - General protection

4.   Restrictions relating to reserved land

(1)  Unless authority is granted, a person must not, on any reserved land –

(a) take a growing or standing plant; or

(b) dam up, divert or pollute any water on or under the surface; or

(c) interfere with, dig up, cut up, collect or remove any sand, gravel, clay, rock, mineral or any timber, firewood, humus or other natural substance.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subregulation (1)(c) does not apply to the collecting or cutting up of firewood for a fire lit in accordance with regulation 9 .

(3)  Unless authority is granted, a person must not, on any reserved land –

(a) remove, damage, deface or disturb any brick, glass, coin, masonry, ceramics, aboriginal relic or any object of architectural, archaeological, historical or scientific interest; or

(b) remove, damage or deface any rock, stalactite, stalagmite or other formation in a cave; or

(c) destroy, damage or deface any building, fence, gate, notice, structure or other work erected or placed on that reserved land.

Penalty:  Fine not exceeding 50 penalty units.

(4)  Unless authority is granted, a person must not, on any reserved land –

(a) erect, place or modify any building or structure (other than a tent); or

(b) erect, exhibit or display any notice or sign or any bill, poster or advertisement; or

(c) make or mark out any track or route; or

(d) erect any cairn, memorial or plaque.

Penalty:  Fine not exceeding 20 penalty units.

(5)  Unless authority is granted, a person must not bring any plant into any reserved land or have any plant in possession in any reserved land.

Penalty:  Fine not exceeding 20 penalty units.

(6)  Unless authority is granted, a person must not, on any reserved land –

(a) deposit or leave any litter, except in a receptacle or place provided for that purpose; or

(b) deposit the dead body of any creature; or

(c) deposit, discharge or leave any offal, filth, dung, rubbish or any other noxious or polluting matter or thing.

Penalty:  Fine not exceeding 20 penalty units.

(7)  Subregulation (6) does not apply to the products of game taken under a game authority.

(8)  Unless authority is granted, a person must not –

(a) bring a metal detector into any reserved land; or

(b) have a metal detector in possession in any reserved land.

Penalty:  Fine not exceeding 20 penalty units.

5.   Offensive behaviour

A person must not, in any reserved land –

(a) behave in a violent, riotous, offensive or indecent manner; or

(b) insult or annoy any person.

Penalty:  Fine not exceeding 20 penalty units.

6.   Protection of fauna

(1)  Unless authority is granted by the Director, a person must not, on any reserved land –

(a) take or have in possession any form of wildlife or the products of wildlife; or

(b) use or have in possession any hunting equipment; or

(c) lay or set any trap or snare; or

(d) deposit any fertiliser, pesticide or other chemical substance that may be poisonous to any form of wildlife; or

(e) interfere with the nest, breeding place or habitation of any form of wildlife; or

(f) rouse or disturb any form of wildlife.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Unless authority is granted by the Director, a person must not have in possession any form of wildlife or the products of wildlife that have been taken from any reserved land in contravention of subregulation (1) .

Penalty:  Fine not exceeding 20 penalty units.

(3)  This regulation does not apply to –

(a) the taking or possession of any game or the products of game under a game authority; or

(b) the possession of any hunting equipment used or intended to be used for the taking of game or the products of game under a game authority; or

(c) the possession of any hunting equipment contained within a vehicle that is moving on a road that does not terminate in reserved land.

7.   Prohibition of certain animals

(1)  Unless authority is granted or arrangements are made under regulation 8 , any person who is the owner or keeper of any animal that is not native to any reserved land must not take that animal into, or allow that animal to be in or remain in, that reserved land.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subregulation (1) does not apply if the animal –

(a) is a guide dog or hearing dog as defined in the Guide Dogs and Hearing Dogs Act 1967 and the dog is accompanying a blind or deaf person; or

(b) is a dog being used for flushing or retrieving game under an authority granted under regulation 20 ; or

(c) is confined within a moving vehicle on a road that does not terminate in reserved land.

(3)  Subregulation (1) does not apply to the keeping of stock on Crown land under a private right.

Division 2 - Recreational use

8.   Arrangements for horse riding

(1)  The managing authority may make arrangements for any person to use the Central Plateau Conservation Area for recreational horse riding.

(2)  The arrangements are to ensure that –

(a) any damage to the reserved land is minimised; and

(b) the amenity of the reserved land is not adversely affected; and

(c) the disturbance of any wildlife in the reserved land is minimised; and

(d) the managing authority or an authorised person is informed of –

(i) the details of any proposed use of the reserved land before the land is used; and

(ii) any actual use of the reserved land.

(3)  The arrangements may provide that –

(a) entry into the reserved land is subject to a ranger's consent; and

(b) the consent may be withheld in circumstances specified in the arrangements.

(4)  A person must not use the Central Plateau Conservation Area for recreational horse riding otherwise than in accordance with arrangements made under this regulation.

Penalty:  Fine not exceeding 20 penalty units.

9.   Fires

(1)  The managing authority may display any sign or notice on any reserved land –

(a) prohibiting or restricting the lighting of fires on that reserved land; or

(b) giving directions as to the precautions to be observed in connection with the lighting of fires on that reserved land.

(2)  Any person who lights a fire, or proposes to light a fire, on any reserved land or who is a member of a party for whom a fire is lit must comply with –

(a) a prohibition or restriction contained in a sign or notice; or

(b) any directions contained in a sign or notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not, in any reserved land, use or discard in a manner likely to cause a fire any match, burning or smouldering material or explosive or inflammable substance.

Penalty:  Fine not exceeding 50 penalty units.

(4)  Subregulation (3) does not apply to the lighting of a fire in the open air on any reserved land if –

(a) the fire is –

(i) required for cooking or warmth; and

(ii) lit in a careful manner; and

(b) the lighting of the fire is not prohibited under subregulation (1) .

(5)  Any person who lights a fire on any reserved land or who is a member of a party for whom a fire is lit –

(a) must not leave that fire unattended unless it has been completely extinguished; and

(b) must take all reasonable steps to prevent the fire from spreading; and

(c) if the fire spreads, must extinguish the fire and any other fire caused by it.

Penalty:  Fine not exceeding 50 penalty units.

10.   Regulation of camping

(1)  The managing authority may establish designated camping areas on any reserved land.

(2)  The managing authority may display any sign or notice on any reserved land prohibiting or restricting –

(a) camping in any place; or

(b) the parking in any place of a caravan or similar vehicle.

(3)  A person camping, or proposing to camp, or a person using a caravan or similar vehicle on any reserved land must comply with any prohibition or restriction contained in a sign or notice.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An authorised person, for the purpose of regulating the use of any site or place in any reserved land for camping, may give directions to any person regarding –

(a) the use of any site or place in any reserved land or the use or occupation in that reserved land of any building, hut or other structure or any caravan or similar vehicle; and

(b) the disposal of any matter arising from that use or occupation.

(5)  A person using or intending to use a site or place in any reserved land must comply with a direction given by an authorised person under subregulation (4) .

Penalty:  Fine not exceeding 20 penalty units.

(6)  Unless authority is granted, a person must not camp within 500 metres of a road in any reserved land except in a designated camping area.

Penalty:  Fine not exceeding 20 penalty units.

11.   Limited access to certain places

Unless a person is granted authority or the person is accompanied by an authorised person, a person must not enter or remain in –

(a) a restricted area; or

(b) Dead Island at Port Arthur; or

(c) Macquarie Island Nature Reserve; or

(d) any reserved land or part of any reserved land (other than a cave) on which a notice is displayed prohibiting access to that reserved land or part of that reserved land; or

(e) a cave near the entrance to which a notice is displayed prohibiting access to the cave.

Penalty:  Fine not exceeding 20 penalty units.

Division 3 - Use of conveyances

12.   Use of vehicles

(1)  The managing authority may display any sign or notice on any reserved land –

(a) prohibiting or restricting the driving or leaving of vehicles on that reserved land; or

(b) giving directions as to the use of any road by vehicles.

(2)  A person must comply with –

(a) any prohibition or restriction contained in a sign or notice; and

(b) any directions contained in a sign or notice.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Unless authority is granted, a person must not drive a vehicle in any reserved land except on a road.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An authority for the purpose of subregulation (3) may specify –

(a) the place to, and the route along which, a vehicle may be driven off a road; and

(b) any condition subject to which a vehicle may be so driven.

(5)  For the purposes of subregulation (3) , a managing authority may grant authority in relation to reserved land in the class of game reserve by granting –

(a) authority to a specific person; or

(b) a general authority by means of a sign or notice displayed at a place on a road where a vehicle may be driven off the road.

(6)  A person driving a vehicle off a road in a game reserve must comply with a condition to which an authority granted under subregulation (3) is subject.

Penalty:  Fine not exceeding 20 penalty units.

(7)  An authorised person may direct any person driving a vehicle in any reserved land not to drive on, or allow the vehicle to remain on, any road, or any part of a road, or to remove the vehicle from any road or part of a road, for the purpose of –

(a) regulating the use of any road within that reserved land; or

(b) avoiding inconvenience, or risk of danger, to any person in that reserved land.

(8)  A person driving a vehicle in any reserved land must comply with any direction given by an authorised person.

Penalty:  Fine not exceeding 20 penalty units.

13.   Closure of roads

(1)  The managing authority may close any road on any reserved land by –

(a) erecting a barrier; or

(b) displaying a sign or notice.

(2)  Unless authority is granted, a person must not drive a vehicle on a road on any reserved land if that road is closed.

Penalty:  Fine not exceeding 20 penalty units.

14.   Removal of vehicles

(1)  The managing authority may give directions to an authorised person in relation to the removal or towing away of vehicles from reserved land or any part of that reserved land.

(2)  Subject to any directions given by the managing authority, an authorised person may take charge of and remove or tow away any vehicle in any reserved land if the authorised person believes on reasonable grounds that the vehicle is –

(a) a danger; or

(b) an unreasonable obstruction to traffic; or

(c) unattended and abandoned.

15.   Use of vessels

(1)  The managing authority may display any sign or notice at or near any water within any reserved land –

(a) prohibiting or restricting the use of vessels on that water; or

(b) giving directions with respect to the use of vessels on that water.

(2)  An authorised person, for the purpose of regulating the use of vessels on any water within any reserved land or for the purpose of avoiding inconvenience or risk of danger to persons resorting to any reserved land, may give directions to any person using, or proposing to use, a vessel –

(a) prohibiting the vessel from being taken on or being allowed to remain on the water; or

(b) requiring the removal of the vessel from the water.

(3)  A person using, or proposing to use, a vessel on any water within any reserved land must comply with –

(a) a prohibition or restriction contained in a sign or notice; or

(b) any directions contained in a sign or notice; or

(c) any directions given by an authorised person under subregulation (2) .

Penalty:  Fine not exceeding 20 penalty units.

16.   Use of aircraft

Unless authority is granted, a person must not –

(a) land an aircraft on, or take off an aircraft from, any place in any reserved land, other than in an emergency; or

(b) drop any article from an aircraft onto any reserved land; or

(c) take an aircraft over any reserved land for the purpose of dropping an article onto that reserved land.

Penalty:  Fine not exceeding 20 penalty units.

Division 4 - Grant of authority

17.   Authority generally

(1)  Except as otherwise provided in these regulations, authority is taken to be granted if –

(a) authority is granted to a person by the managing authority; or

(b) the act is permitted by the management plan; or

(c) a person is acting in accordance with a power or as authorised under this or any other Act, subject to sections 21(4) and 24(1) of the Act.

(2)  Any authority granted to a person under subregulation (1)(a) may be granted subject to conditions.

(3)  A person must comply with any condition of an authority.

Penalty:  Fine not exceeding 20 penalty units.

18.   Granting of authority in certain classes of reserved land

(1)  The managing authority or, for the purpose of regulation 6 , the Director may grant authority in relation to any reserved land in the class of conservation area, regional reserve, nature recreation area, private sanctuary or private nature reserve by granting –

(a) authority to a specific person; or

(b) a general authority by means of –

(i) a sign displayed in that reserved land; or

(ii) a notice published in a newspaper published in the State and circulating in the area in which the reserved land is situated.

(2)  Any authority or general authority may be granted subject to conditions.

(3)  A person must comply with any condition of an authority or a general authority.

Penalty:  Fine not exceeding 20 penalty units.

19.   Granting of game authorities

(1)  A person must not take game in any reserved land without a game authority.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A game authority may only be granted in relation to reserved land in the class of game reserve, conservation area or regional reserve.

(3)  The managing authority for any reserved land in a class specified in subregulation (2) may grant authority to take game in that reserved land or any part of that reserved land by granting –

(a) authority to a specific person; or

(b) a general authority by means of –

(i) a sign displayed in that reserved land; or

(ii) a notice published in a newspaper published in the State and circulating in the area in which the reserved land is situated.

(4)  A game authority may be granted subject to conditions.

(5)  A person who takes game under a game authority must comply with any condition of the authority.

Penalty:  Fine not exceeding 20 penalty units.

(6)  Unless stated otherwise in a game authority, the taking of game under a game authority is to be in accordance with the provisions of the Wildlife Regulations 1971 .

20.   Authority to use dogs in certain reserved land

(1)  The managing authority for any reserved land in the class of game reserve, conservation area or regional reserve may grant to any person who is authorised to take game in that reserved land authority to use a dog or dogs for flushing or retrieving game in that reserved land by granting –

(a) authority to a specific person; or

(b) a general authority by means of –

(i) a sign displayed in that reserved land; or

(ii) a notice published in a newspaper published in the State and circulating in the area in which the reserved land is situated.

(2)  Any authority or general authority may be granted subject to conditions.

(3)  A person must comply with any condition of an authority or a general authority.

Penalty:  Fine not exceeding 20 penalty units.

21.   Cancellation of authority

(1)  The managing authority or, for the purpose of regulation 6 , the Director may cancel any authority granted to a specific person if –

(a) the person has contravened or failed to comply with any condition of the authority; or

(b) the person has been convicted of an offence under the Act or these regulations.

(2)  A notice –

(a) is to be served on the person who was granted the authority; and

(b) is to specify the grounds on which the authority is cancelled.

(3)  On the service of a notice –

(a) the authority ceases to have effect; and

(b) the person is to surrender the authority to the managing authority or to the Director if the Director granted the authority.

(4)  In this regulation,

authority includes a game authority.

22.   Suspension of authority

(1)  The managing authority or, for the purpose of regulation 6 , the Director may suspend any authority granted to a specific person on any grounds specified in regulation 21 if satisfied that –

(a) those grounds are not so serious as to warrant cancellation of the authority; or

(b) the person is able to comply with any condition of the authority within any time the managing authority considers reasonable.

(2)  A notice –

(a) is to be served on the person who was granted the authority; and

(b) is to specify the grounds on which the authority is suspended.

(3)  The managing authority may suspend an authority –

(a) for the period specified in the notice; and

(b) subject to any condition specified in the notice.

(4)  If an authority is suspended subject to any condition, the person who was granted the authority must not contravene or fail to comply with that condition.

Penalty:  Fine not exceeding 20 penalty units.

(5)  In this regulation,

authority includes a game authority.

PART 3 - Miscellaneous

23.   Charges

(1)  With the approval of the Minister, the managing authority may impose charges –

(a) for admission to –

(i) any reserved land in the class of national park, State reserve, nature reserve, historic site or game reserve or any part of reserved land in any of those classes; or

(ii) any building situated in any reserved land in any of those classes; or

(b) for the use of any hut, building or other improvement on any reserved land in any of those classes.

(2)  A person must not enter or use any reserved land, any part of any reserved land or any hut, building or other improvement on any reserved land unless the person has paid any relevant charge.

Penalty:  Fine not exceeding 20 penalty units.

24.   Collection of charges

(1)  The managing authority may authorise a person to collect charges imposed in relation to any reserved land.

(2)  A person authorised to collect charges may require a person driving a vehicle to stop the vehicle for the purpose of collecting any relevant charge.

(3)  A person driving a vehicle must comply with any requirement under subregulation (2) to stop the vehicle.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person driving a vehicle must display a valid ticket, entry pass or other receipt issued in respect of any charge so that it is clearly visible through the windscreen of the vehicle.

Penalty:  Fine not exceeding 20 penalty units.

25.   Authorised persons

(1)  The Director may authorise any person to act as an authorised person in respect of any reserved land with the consent of the managing authority.

(2)  The managing authority for any reserved land may authorise any person to act as an authorised person in respect of that reserved land.

(3)  A person authorised under this regulation is a prescribed person for the purpose of section 29(3)(a) of the Act.

26.   Seizure of animals

(1)  An authorised person may –

(a) seize any creature that is on any reserved land contrary to these regulations; or

(b) seize, destroy or kill any dog, cat, goat, pig or other animal, except stock, that is not native to any reserved land that is on that reserved land and not under the proper or efficient control of any person; or

(c) seize any stock found wandering on reserved land whose presence on that reserved land is, in the opinion of the authorised person, likely to cause injury to, or likely to disturb, the flora or fauna of that reserved land or any living creature on that reserved land.

(2)  Subregulation (1)(c) does not apply to stock kept on Crown land under a private right.

27.   Removal of unlawful structures

Subject to any directions given by the managing authority, an authorised person may pull down or remove any building, structure or other erection unlawfully erected or placed in any reserved land.

28.   Removal of persons from reserved land

(1)  An authorised person may exclude or eject any person from any reserved land, or any part of reserved land, if the authorised person believes on reasonable grounds that the person –

(a) is intoxicated; or

(b) is in a condition that would be likely to offend or annoy any other person; or

(c) has committed or is committing a breach of these regulations.

(2)  A person who is excluded or ejected by an authorised person from any reserved land, or any part of reserved land, must not –

(a) refuse to leave that reserved land or that part of reserved land; or

(b) fail to leave that reserved land or that part of reserved land; or

(c) re-enter that reserved land or that part of reserved land within 24 hours.

Penalty:  Fine not exceeding 20 penalty units.

29.   Offences

A person must not resist or obstruct an authorised person in the exercise of his or her powers under these regulations.

Penalty:  Fine not exceeding 20 penalty units.

30.   Prescribed offences

For the purposes of Part VIA of the National Parks and Wildlife Act 1970  –

(a) an offence against a regulation specified in Column 2 of Schedule 1 is a prescribed offence; and

(b) the penalty specified in Column 3 of that Schedule opposite the regulation is the penalty applicable to that offence.

31.   Expiry

These regulations expire on 31 December 1999.

32.   Statutory rules rescinded

The statutory rules specified in Schedule 2 are rescinded.

SCHEDULE 1 - Prescribed offences in relation to which an infringement notice may be issued

Regulation 30

SCHEDULE 2 - Statutory rules rescinded

Regulation 32

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 April 1999

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for the management of reserved land under the National Parks and Wildlife Act 1970 ; and

(b) rescind earlier regulations.