Wellington Park 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 Wellington Park Act 1993 .
31 May 1999G. S. M. GREEN
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
PART 1 - Preliminary
These regulations may be cited as the Wellington Park Regulations 1999 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –aboriginal relic means –(a) any artefact, painting, carving, midden or other object made or created by any of the aboriginal inhabitants of any of the islands contained within the State; or(b) any object, site or place that bears signs of the activities of those inhabitants;Act means the Wellington Park Act 1993 ;authorised person means a person appointed as an authorised person under regulation 42 ;conveyance means any vehicle, vessel or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air;designated fireplace means a place designated under regulation 17 as a place suitable for the lighting of fires;dog-exercising trail means any road or track in Wellington Park on which the exercising of dogs is permitted under the management plan;drive includes ride, take, use, or be in charge of, a vehicle;fauna means any wildlife, or product of wildlife, within the meaning of the National Parks and Wildlife Act 1970 ;feral animal means a feral animal as defined in the Animal Health Act 1995 ;flora means any plant within the meaning of the National Parks and Wildlife Act 1970 ;have in possession means have in possession within the meaning of the National Parks and Wildlife Act 1970 ;horse trail means any road or track in Wellington Park on which horse riding is permitted under the management plan;hunting equipment means any weapon, implement, apparatus or material that –(a) is capable of being used for the taking of any fauna; or(b) is incapable of being so used only by reason of –(i) the absence of, or a defect in, a part; or(ii) the presence of an obstruction;improvements means any work done and material used on or for the benefit of any land that visibly and effectively improves or increases the value of the land;nominated representative means a person nominated in an application for a permit as the representative of a class of persons in respect of whom a permit is issued;permit means a permit in force under Part 3 ;plant means a plant within the meaning of the National Parks and Wildlife Act 1970 ;road means –(a) a constructed road with a surface suitable for the use of motor cars; or(b) any place set aside by the Trust for the parking of vehicles;take includes attempt to take or assist in the taking of;track includes –(a) a vehicular track; or(b) a trail or route that is suitable for walking, horse riding or other similar activity;[Regulation 3 Amended by S.R. 2001, No. 19, Applied:07 Mar 2001] use, in relation to a bicycle, means use, take, ride, or be in charge of, a bicycle;vehicle means a vehicle as defined in the Traffic Act 1925 ;vehicular track means a constructed track with a surface suitable for the use of four-wheel drive motor vehicles;wild animal means a wild animal as defined in the Animal Health Act 1995 .
PART 2 - Care, control and management
Division 1 - Natural resources
A person, unless authorised to do so under a permit, must not in Wellington Park –(a) take any growing or standing flora; or(b) take or have in possession any fauna; or(c) use or have in possession any hunting equipment; or(d) lay or set any trap or snare; or(e) deposit any fertiliser, pesticide or other chemical substance that may be poisonous to fauna; or(f) interfere with the nest, breeding place or habitation of any fauna; or(g) rouse or disturb any fauna.Penalty: Fine not exceeding 20 penalty units.
5. Water and other natural substances
A person, unless authorised to do so under a permit, must not in Wellington Park –(a) dam up, divert or pollute any water on or under the surface; or(b) take or collect any water for sale; or(c) interfere with, dig up, cut up, collect or remove any sand, gravel, clay, rock, mineral, timber, firewood, humus or other natural substance; or(d) remove, damage or deface any rock, stalactite, stalagmite or other formation in a cave.Penalty: Fine not exceeding 20 penalty units.
Division 2 - Creatures
6. Creatures other than dogs or horses
Any person who is the owner or keeper of any creature other than a dog or horse must not take that creature into, or allow that creature to be in, Wellington Park unless authorised to do so under a permit.Penalty: Fine not exceeding 20 penalty units.
(1) A person, unless authorised to do so under a permit, must not take a dog into, or allow a dog to be in, Wellington Park except –(a) on a dog-exercising trail; or(b) when confined within a vehicle on a road.Penalty: Fine not exceeding 20 penalty units.(2) Any person who takes a dog into, or allows a dog to be in, Wellington Park must –(a) if the dog is not confined within a vehicle, keep the dog under control by restraining it with a lead; and(b) remove from Wellington Park any faecal matter of that dog.Penalty: Fine not exceeding 20 penalty units.(3) The Trust may display any sign or notice in Wellington Park prohibiting or restricting the taking of dogs into, or the allowing of dogs in, any part of Wellington Park.(4) Any person who takes a dog into, or allows a dog to be in, Wellington Park must comply with any prohibition or restriction contained in a sign or notice.Penalty: Fine not exceeding 20 penalty units.
A person, unless authorised to do so under a permit, must not take a horse into, or allow a horse to be in, Wellington Park except on a horse trail.Penalty: Fine not exceeding 20 penalty units.
9. Seizing, destroying or killing creatures
An authorized officer may –(a) seize any creature in Wellington Park that is –(i) in Wellington Park contrary to these regulations; or(ii) causing or likely to cause inconvenience or danger to any person in Wellington Park; and(b) seize, destroy or kill any feral animal or wild animal in Wellington Park –(i) that is not under the proper and efficient control of any person; or(ii) whose presence in Wellington Park is, in the opinion of the authorized officer, causing or likely to cause damage or injury to, or likely to disturb, the fauna or flora of Wellington Park or any living thing kept in or on Wellington Park.
Division 3 - Conveyances
10. Restrictions on use of vehicles
(1) A person, unless authorised to do so under a permit, must not drive a vehicle in Wellington Park –(a) otherwise than on a road or vehicular track; or(b) on a road or vehicular track that has been closed.Penalty: Fine not exceeding 20 penalty units.(2) [Regulation 10 Subregulation (2) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] The Trust or an authorized officer may close any road or track in Wellington Park by –(a) erecting a barrier; or(b) displaying a sign or notice.(3) [Regulation 10 Subregulation (3) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] [Regulation 10 Subregulation (3) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] The Trust or an authorized officer may close any road or track in Wellington Park to vehicles or bicycles for the purpose of –(a) [Regulation 10 Subregulation (3) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] regulating the use of that road or track; or(b) avoiding inconvenience, or risk of danger, to any person in Wellington Park.(4) The Trust may display any sign or notice in Wellington Park prohibiting or restricting the driving or leaving of vehicles in any part of Wellington Park.(5) A person driving, or an occupant of, a vehicle in Wellington Park must comply with any prohibition or restriction contained in a sign or notice.Penalty: Fine not exceeding 20 penalty units.
[Regulation 10A Inserted by S.R. 2001, No. 19, Applied:07 Mar 2001](1) The Trust may determine that a track is a track suitable for use by a bicycle.(2) A person must not use a bicycle in Wellington Park otherwise than on any –(a) road; or(b) track determined suitable by the Trust under subregulation (1).Penalty: Fine not exceeding 20 penalty units.(3) A person must not use a bicycle in Wellington Park on a road or track that has been closed under subregulation 10(2) or (3).Penalty: Fine not exceeding 20 penalty units.(4) The Trust may display any sign or notice in Wellington Park relating to a prohibition or restriction on the use of bicycles in Wellington Park.
11. Directions relating to vehicles and bicycles
(1) [Regulation 11 Subregulation (1) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] An authorized officer may direct any person driving a vehicle or using a bicycle in Wellington Park not to drive that vehicle or use that bicycle on, or allow that vehicle or bicycle to remain in, any road or track in Wellington Park for the purpose of –(a) regulating the use of any road or track in Wellington Park; or(b) avoiding inconvenience, or risk of danger, to any person in Wellington Park.(2) [Regulation 11 Subregulation (2) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] An authorized officer may require a person driving a vehicle or using a bicycle in Wellington Park to stop the vehicle or bicycle in any of the following circumstances:(a) for the purpose of giving a direction under subregulation (1) ;(b) [Regulation 11 Subregulation (2) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] if the authorized officer believes on reasonable grounds that the person driving the vehicle or using the bicycle, or any occupant of the vehicle, is committing or has committed an offence against these regulations.(3) [Regulation 11 Subregulation (3) amended by S.R. 2001, No. 19, Applied:07 Mar 2001] A person driving a vehicle or using a bicycle in Wellington Park must comply with any direction or requirement of an authorized officer.Penalty: Fine not exceeding 20 penalty units.
An authorized officer may take charge of and remove or tow away from any road or track, or cause to be removed or towed away, any vehicle in Wellington Park –(a) for the purpose of –(i) regulating the use of that road or track; or(ii) avoiding inconvenience, or risk of danger, to any person in Wellington Park; or(b) if the authorized officer believes on reasonable grounds that the vehicle is –(i) a danger; or(ii) an unreasonable obstruction to traffic; or(iii) unattended and abandoned.
13. Restrictions on use of aircraft
(1) A person must not land an aircraft in Wellington Park other than in an emergency unless authorised to do so under a permit.Penalty: Fine not exceeding 20 penalty units.(2) A person, unless authorised to do so under a permit, must not –(a) drop an article from an aircraft onto Wellington Park; or(b) take an aircraft over Wellington Park for the purpose of dropping an article.Penalty: Fine not exceeding 20 penalty units.
Division 4 - Access
14. Prohibited entry to certain places
(1) The Trust may display a sign or notice in any part of Wellington Park prohibiting entry into that part of Wellington Park if –(a) that part of Wellington Park is a restricted area; or(b) satisfied that a prohibition on entry to that part of Wellington Park is necessary for the proper care, control or management of that part of Wellington Park.(2) A person must not enter or remain in any part of Wellington Park that is a restricted area or at which a sign or notice is displayed prohibiting entry into that part of Wellington Park unless the person –(a) is authorised to do so under a permit; or(b) is in the company of an authorised person.Penalty: Fine not exceeding 20 penalty units.
Division 5 - Camping
15. Prohibition or restriction on camping
(1) A person, unless authorised to do so under a permit, must not camp in Wellington Park –(a) except in a place in which camping is permitted under the management plan; or(b) in association with horse riding or the use of four-wheel drive motor vehicles, except at a campsite designated by the Trust for that purpose.Penalty: Fine not exceeding 20 penalty units.(2) The Trust may display any sign or notice in Wellington Park 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, in Wellington Park must comply with any prohibition or restriction contained in a sign or notice.Penalty: Fine not exceeding 20 penalty units.
(1) An authorized officer, for the purpose of regulating camping in Wellington Park, may give any direction to a person regarding –(a) the use of any place for camping; and(b) the disposal of any matter or thing at that place.(2) A person camping, or proposing to camp, in Wellington Park must comply with any direction given by an authorized officer.Penalty: Fine not exceeding 20 penalty units.
Division 6 - Fires
(1) The Trust may designate places suitable for lighting fires in Wellington Park.(2) A person, unless authorised to do so under a permit, must not light a fire in Wellington Park except –(a) in a designated fireplace; or(b) in an emergency.Penalty: Fine not exceeding 50 penalty units.(3) A fire may be lit in a designated fireplace –(a) if the fire is required for cooking or warmth; and(b) it is lit in a careful manner.(4) Any person who lights a fire in Wellington Park 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.Penalty: Fine not exceeding 50 penalty units.
18. Signs relating to use of fires
(1) The Trust may display any sign or notice in Wellington Park –(a) prohibiting or restricting the lighting of fires in Wellington Park; or(b) giving any direction as to the precautions to be observed in connection with the lighting of a fire in a designated fireplace.(2) Any person who lights a fire, or proposes to light a fire, in Wellington Park or who is a member of a party for whom a fire is lit must comply with any prohibition, restriction or direction contained in a sign or notice.Penalty: Fine not exceeding 50 penalty units.
19. Directions relating to fires
(1) An authorized officer may give any direction to a person relating to a prohibition, restriction or direction contained in a sign or notice displayed in Wellington Park.(2) A person lighting a fire, or proposing to light a fire, in Wellington Park must comply with any direction given by an authorized officer.Penalty: Fine not exceeding 20 penalty units.
Division 7 - Games, sports and other activities
20. Prohibition or restriction on activities
(1) The Trust may display any sign or notice in Wellington Park prohibiting or restricting the playing or engaging in of any game, sport or other activity in Wellington Park.(2) A notice may specify that certain activities may only be engaged in if authorised under a permit.(3) A person must comply with any prohibition or restriction contained in a sign or notice.Penalty: Fine not exceeding 20 penalty units.
21. Directions relating to activities
(1) An authorized officer may give a direction to any person playing or engaged in any game, sport or other activity in Wellington Park for the purpose of –(a) regulating the playing or engaging in of that game, sport or other activity; or(b) avoiding inconvenience, or risk of danger, to any person in Wellington Park.(2) A person playing or engaged in any game, sport or other activity in Wellington Park must comply with any direction that is given by an authorized officer –(a) in accordance with the management plan for Wellington Park; or(b) that the authorized officer considers appropriate.Penalty: Fine not exceeding 20 penalty units.
Division 8 - Conduct of persons
22. Restrictions on conduct of persons
A person in Wellington Park must not –(a) behave in a violent, riotous, offensive or indecent manner; or(b) insult or annoy any other person in Wellington Park.Penalty: Fine not exceeding 20 penalty units.
(1) An authorized officer may exclude or reject any person from Wellington Park or any part of Wellington Park if the authorized officer believes on reasonable grounds that the person –(a) is intoxicated; or(b) is behaving in an annoying or offensive manner.(2) A person who is excluded or rejected by an authorized officer from Wellington Park or any part of Wellington Park must not –(a) refuse to leave Wellington Park or that part of Wellington Park; or(b) fail to leave Wellington Park, or that part of Wellington Park, with reasonable expedition; or(c) re-enter Wellington Park, or that part of Wellington Park, within a period of 24 hours.Penalty: Fine not exceeding 20 penalty units.
Division 9 - General prohibitions
A person must not remove, destroy, damage, disfigure or disturb any brick, glass, coin, masonry, ceramics, aboriginal relic or any object of architectural, archaeological, historical or scientific interest in Wellington Park unless authorised to do so under a permit.Penalty: Fine not exceeding 50 penalty units.
(1) A person, unless authorised to do so under a permit, must not erect or place in Wellington Park –(a) any building, structure (other than a tent), improvement or other works; and(b) any cairn, memorial or plaque.Penalty: Fine not exceeding 20 penalty units.(2) A person must not remove, destroy, damage or disfigure any building, structure, improvement or other works erected or placed in Wellington Park unless authorised to do so under a permit.Penalty: Fine not exceeding 20 penalty units.(3) An authorized officer may pull down, dismantle or remove any building, structure, improvement or other works unlawfully erected or placed in Wellington Park.
A person, unless authorised to do so under a permit, must not –(a) erect or display in Wellington Park any sign, notice, handbill, poster or advertisement; or(b) remove, destroy, damage or disfigure any sign or notice lawfully erected or displayed in Wellington Park; or(c) in Wellington Park give out, distribute, scatter or throw down any handbill, notice, placard, advertisement, book, paper or pamphlet.Penalty: Fine not exceeding 20 penalty units.
A person must not make or mark out any trail or route in Wellington Park unless authorised to do so under a permit.Penalty: Fine not exceeding 20 penalty units.
PART 3 - Permits
(1) Any person or class of persons may apply to the Trust for a permit –(a) to carry out any activity otherwise prohibited under these regulations; or(b) to provide any service that the Trust determines requires a permit; or(c) for any scientific, recreational or other purpose.(2) An application is to be –(a) in a form approved by the Trust; and(b) accompanied by a fee determined by the Trust.
The Trust may –(a) grant an application, with or without conditions; or(b) refuse to grant an application.
(1) If the Trust grants an application by a person, it is to issue a permit to that person.(2) If the Trust grants an application by a class of persons, it may issue a permit to a nominated representative of that class of persons.(3) A permit is to specify –(a) the service, activity or purpose authorised under the permit; and(b) the period during which the permit is in force; and(c) any condition of the permit; and(d) the person to whom, or class of persons in respect of whom, the permit is issued.
If the Trust grants an application by a class of persons, it is to issue a permit –(a) in accordance with regulation 30 ; or(b) by causing a public notice to be published in a daily newspaper circulating within the State; or(c) by causing a sign or notice to be displayed in Wellington Park.
(1) A permit may be issued subject to any condition specified in it in relation to any one or more of the following matters:(a) the manner in which the service, activity or purpose authorised under the permit is to be provided or carried out;(b) any precaution to be observed in providing or carrying out the service, activity or purpose;(c) any requirement for supervision or control of the service, activity or purpose;(d) any records to be kept or notification to be given in relation to providing or carrying out the service, activity or purpose;(e) the disposal of, or other dealings with, any fauna or flora;(f) any other matter the Trust considers appropriate.(2) Any person to whom, or any person of a class of persons in respect of whom, a permit is issued must not fail to comply with any condition specified in the permit.Penalty: Fine not exceeding 20 penalty units.
33. Directions by authorized officer
Any person to whom, or any person of a class of persons in respect of whom, a permit is issued must not fail to comply with any direction given by an authorized officer under these regulations.Penalty: Fine not exceeding 20 penalty units.
(1) The Trust, by notice in writing served on a person to whom, or a nominated representative of a class of persons in respect of whom, a permit was issued, may cancel the permit if –(a) any person to whom or in respect of whom the permit was issued has contravened or failed to comply with any condition specified in the permit; or(b) any of those persons has been convicted of an offence under the Act or these regulations.(2) A notice is to specify the grounds on which a permit is cancelled.(3) On the service of a notice –(a) a permit ceases to have effect; and(b) any person to whom, or a nominated representative of a class of persons in respect of whom, a permit was issued must surrender the permit to the Trust.
(1) The Trust, by notice in writing served on the person to whom, or a nominated representative of a class of persons in respect of whom, a permit was issued, may suspend the permit on any ground specified in regulation 34 if satisfied that –(a) the ground is not so serious as to warrant cancellation of the permit; or(b) any person to whom, or in respect of whom, the permit was issued is able to comply with any condition specified in the permit within a reasonable time.(2) A notice is to specify the grounds on which a permit is suspended.(3) The Trust may suspend a permit –(a) for the period specified in the notice; and(b) subject to any condition specified in the notice.(4) A person to whom, or in respect of whom, a permit was issued must not contravene or fail to comply with any condition referred to in subregulation (3)(b) .Penalty: Fine not exceeding 20 penalty units.
(1) Any person to whom, or a nominated representative of a class of persons in respect of whom, a permit was issued may surrender the permit by notice in writing to the Trust.(2) A permit ceases to have effect –(a) on the date specified in the notice; or(b) if a date is not specified, on the date of receipt of the notice.
PART 4 - Miscellaneous
Division 1 - Offences
A person must not in Wellington Park –(a) deposit the dead body or part of the dead body of any creature; or(b) deposit, discharge or leave any offal, filth, dung or other noxious or polluting matter or thing.Penalty: Fine not exceeding 20 penalty units.
A person must not deposit or leave any litter in Wellington Park except in a receptacle provided for that purpose.Penalty: Fine not exceeding 20 penalty units.
A person must not bring into, have in possession or deposit in, Wellington Park any plant of an exotic species.Penalty: Fine not exceeding 20 penalty units.
A person must not use a metal detector in Wellington Park.Penalty: Fine not exceeding 20 penalty units.
A person must not throw any stone or discharge any other missile in Wellington Park if the throwing or discharging of that stone or missile is likely to cause injury, damage, inconvenience or danger to –(a) any person, creature or other living thing in Wellington Park; or(b) any property or other thing in Wellington Park.Penalty: Fine not exceeding 20 penalty units.
Division 2 - General provisions
(1) The Trust may appoint any person as an authorised person.(2) An authorised person is a prescribed person for the purpose of section 79(3) of the Act.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 June 1999
These regulations are administered in the Department of Primary Industries, Water and Environment.