Alpine Resorts (Management) Amendment Regulations 2022 (Vic)

Alpine Resorts (Management) Amendment Regulations 2022

S.R. No. 67/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions in this Division

5New regulation 23A inserted

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Endnotes

statutory rules 2022

S.R. No. 67/2022

Alpine Resorts (Management) Act 1997

Alpine Resorts (Management) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 16 August 2022

Responsible Minister:

LILY D'AMBROSIO
Minister for Environment and Climate Action

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Alpine Resorts (Management) Regulations 2020 in relation to the meaning of wheel chains.

2Authorising provision

These Regulations are made under section 57 of the Alpine Resorts (Management) Act 1997.

3Principal Regulations

In these Regulations, the Alpine Resorts (Management) Regulations 2020[1] are called the Principal Regulations.

4Definitions in this Division

In regulation 23 of the Principal Regulations, for the definition of wheel chains substitute—

"wheel chains means any devices designed to be fitted to wheels of a motor vehicle to increase the directional stability and traction of the wheels of that vehicle on a road affected by snow or ice that are—

(a)if the motor vehicle is within the Mount Buller Alpine Resort or the Mount Stirling Alpine Resort, devices determined to be wheel chains in any determination made under regulation 23A that applies to the Resort; and

(b)in any other case, devices made up of chains in a diamond pattern.".

5New regulation 23A inserted

After regulation 23 of the Principal Regulations insert—

"23A   Determination of devices that are wheel chains by the Mount Buller and Mount Stirling Alpine Resort Management Board

(1)The Mount Buller and Mount Stirling Alpine Resort Management Board (the Board) may determine that devices are wheel chains for motor vehicles for the purposes of this Division within the Mount Buller Alpine Resort or the Mount Stirling Alpine Resort or both of those alpine resorts.

(2)A determination made under subregulation (1) must specify the following—

(a)either or both of the alpine resorts referred to in subregulation (1) to which the determination applies;

(b)the type or description of the devices that are determined to be wheel chains;

(c)the motor vehicles or classes of motor vehicles on which the devices may be fitted.

(3)In making a determination under subregulation (1), the Board must have regard to—

(a)the safety of the public; and

(b)the suitability of the devices to be used according to the general conditions of the roads within an alpine resort to which the determination applies during the snow season.

(4)A determination made under subregulation (1) must be published in the Government Gazette.

(5)A determination made under subregulation (1) comes into effect on the date it is published in the Government Gazette or any later date specified in the determination.

(6)As soon as practicable after a determination made under subregulation (1) is published in the Government Gazette, the Board must—

(a)publish the details of the determination on any website maintained by the Board; and

(b)display a copy of the determination at the entrance to an alpine resort to which the determination applies.

(7)The Board may vary or revoke a determination made under subregulation (1) at any time during which the determination is in force.

(8)A determination made under subregulation (1) ceases to have effect on 31 October 2022, unless revoked earlier under subregulation (7).".

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Endnotes

[1] Reg. 3: S.R. No. 128/2020.