Botanic Gardens and Parks Amendment Regulations 2016 (WA)
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ENVIRONMENT
EV301
Botanic Gardens and Parks Authority Act 1998
Botanic Gardens and Parks Amendment
Regulations 2016
Made by the Governor in Executive Council.
1. Citation
These regulations are the Botanic Gardens and Parks
Amendment Regulations 2016.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
These regulations amend the Botanic Gardens and Parks
Regulations 1999.4. Regulation 3 amended
In regulation 3 insert in alphabetical order:stand, in relation to a vehicle, means to stop the vehicle
and permit it to remain stationary, except for the
6. Regulation 8 amended
In regulation 8 delete "defendant" and insert:
accused purpose of —
(a) avoiding conflict with other traffic; or (b) complying with the provisions of any law;
5. Regulation 6 amended
In regulation 6(2) delete "section 53(1)(c)." and insert:
section 53(2)(c).
9 September 2016 GOVERNMENT GAZETTE, WA 3873 7. Regulation 9 amended
(1) Delete regulation 9(3) and insert:
(3) A person must comply with the inscription on a traffic
sign erected or established under subregulation (1).
Penalty for this subregulation: a fine of $2 000.(4) A person must comply with a signal or direction by a
park management officer as to the use, parking or
movement of a vehicle that is addressed to the person
and that is reasonably required for the regulation of
traffic on the designated land.
Penalty for this subregulation: a fine of $2 000.
(2) At the end of regulation 9 delete the Penalty.
8. Regulation 10 amended
(1) In regulation 10(1):
(a) in paragraph (h) delete "hearse." and insert: hearse: or
(b) after paragraph (h) insert:
(i) an electric personal transporter; or (j) a mini bike; or (k) a motorised scooter; or (I) a motorised skateboard.
(2) In regulation 10(2) insert in alphabetical order: electric personal transporter has the meaning given in the Road Traffic Code 2000 regulation 3(1);
mini bike means a scaled down motor cycle that -
(a)
is commonly known as a mini bike, monkey bike or pocket bike; and
(b) is powered by an internal combustion engine; motorised scooter has the meaning given in the Road
Traffic Code 2000 regulation 3(1);
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9. Regulation 13 replaced
Delete regulation 13 and insert:
13. Standing
(1) A person must not, without permission, stand a vehicle
on part of a carriageway on the designated land if the
standing of vehicles on that part of the carriageway is
prohibited by a traffic sign.
Penalty for this subregulation: a fine of $2 000.(2) A person must not, without permission, stand a vehicle
at the side of a carriageway marked with a continuous
yellow edge line.
Penalty for this subregulation: a fine of $1500.(3) In subregulation (2) -
edge line has the meaning given in the Road Traffic
Code 2000 regulation 3(1).10. Regulation 14 amended
(1) In regulation 14(1):
(a) delete paragraph (f); (b)
in paragraph (j) delete "parked." and insert: parked; or
(c) after paragraph (j) insert:
(k) on a footpath or shared path; or
(1) in a manner that obstructs the path of a
(2) After regulation 14(1) insert: pedestrian or motor vehicle. (1A) A person must not, without permission, park a vehicle,
or cause or permit it to be parked, on the designated
land in an area designated for the parking of vehicles ofpeople with disabilities, unless -
(a)
a disability parking permit is displayed in a prominent position on the vehicle; and
(b)
the holder of the disability parking permit is the driver of or a passenger in the vehicle.
Penalty for this subregulation: a fine of $2 000.
9 September 2016 GOVERNMENT GAZETTE, WA 3875 (3) Delete regulation 14(3) and insert:
(3) In subregulations (1) and (1A) -
disability parking permit means a current document
issued by National Disability Services Limited(ACN 008 445 485), consisting of—
(a) an Australian Disability Parking Permit; and (b) an ACROD Parking Program Card; footpath has the meaning given in the Road Traffic
Code 2000 regulation 3(1);
shared path has the meaning given in the Road Traffic
Code 2000 regulation 3(1);
taking up or setting down passengers does not includewaiting for passengers.
(4) In regulation 14(1) after each of paragraphs (a) to (e), (g)
and (h) insert:
RN
11. Regulation 14A inserted
After regulation 14 insert:
14A. Marking tyres (1) In this regulation -
parked vehicle means a vehicle parked on the
designated land.(2)
A park management officer may mark a tyre of a parked vehicle with chalk or any other temporary
substance for the purpose of determining the period of time that the vehicle has been parked on the designated
land.
(3) A person must not, without permission, remove a mark
made under subregulation (2) from a tyre of a parked
vehicle.
Penalty for this subregulation: a fine of $1500.
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12. Regulation 18A inserted
At the end of Part 3 insert:
iSA. Using or parking vehicle for advertising purposes A person must not, without permission, use or park a vehicle, or cause a vehicle to be used or parked, on the designated land for the primary purpose of advertising. Penalty: a fine of $2 000. 13. Regulation 21 amended
In regulation 21(3) delete "effectively restrained" and insert:
held by a person
14. Regulation 28 amended
In regulation 28 in the Penalty after "Penalty:" insert:
a fine of
15. Regulation 29 amended
In regulation 29(1)(b) delete "public worship or".16. Regulation 31 amended
In regulation 31(a) after "notice," insert:banner,
17. Regulation 31A inserted
After regulation 31 insert:
31A. Decorations
(1) In this regulation -
decoration includes a light, lantern, balloon and
streamer.(2) A person must not, without permission - (a) attach a decoration to a rock, tree, fence, post, gate, wall, road, track, path, natural surface, or building or other structure, on the designated
land; or
9 September 2016 GOVERNMENT GAZETTE, WA 3877 (b) cause the act prohibited by paragraph (a) to be
done by another person.
Penalty for this subregulation: a fine of $2 000.
18. Regulation 33 replaced
Delete regulation 33 and insert:
33. Lighting fires
A person must not, without permission, make, light or
use a fire on the designated land.
Penalty: a fine of $2 000.33A. Portable gas barbecues or cookers A person must not, without permission, use a portable
gas barbecue or other portable cooker on the designated
land.
Penalty: a fine of $2 000.33B. Portable generators A person must not, without permission, use a portable
generator on the designated land.
Penalty: a fine of $2 000.19. Regulation 36A inserted At the end of Part 5 insert:
36A. Scattering or burying ashes
A person must not scatter or bury, or cause to be scattered or buried, the ashes of a deceased person or
animal on the designated land.
Penalty: a fine of $1000.
20. Schedule 1 amended
(1) Delete the reference after the heading to Schedule 1 and insert: [r. 44, 46 and 47]
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(2) In Schedule 1 Forms 1 and 2:
(a) delete "Botanic Gardens and Parks Authority Regulations 1999." and insert: Botanic Gardens and Parks Regulations 1999.
(b) delete "Name of park management officer" and insert: Identifying number of park management officer
21. Various penalties amended
(1) In the provisions listed in the Table delete the Penalty and
insert:
Penalty for this subregulation: a fine of $1000.
Table
r.6(5) r. 7(1),(2) and (3) r.19(2) r. 21(1) and (2) r.22(2) r. 24(1) r. 26(1) r. 30(2) r. 35(1) (2) In the provisions listed in the Table delete the Penalty and
insert:
Penalty for this subregulation: a fine of $1500. la ble
r.14(1) r. 27(1), (2) and (3) r.29(1) r. 30(1) (3) In the provisions listed in the Table delete the Penalty and
insert:
Penalty for this subregulation: a fine of $2 000.
9 September 2016 GOVERNMENT GAZETTE, WA 3879
Table
r. 10(1) r. 12(1) r. 19(1) r. 20(1), (2), (3) and (4) r. 32(1) and (3) r. 37(1) (4) In the provisions listed in the Table delete the Penalty and
insert:Penalty: a fine of S 1 000.
Table
r. 15 r.16
r.17 r.25 r.36 i'.48 (5) In the provisions listed in the Table delete the Penalty and
insert:Penalty: a fine of $2 000.
Ia ble
r.11 r.23 r. 31 1.34 r. 38 r. 39 r. 40 r. 41
r.42 r.43 r. 49 22. Schedule 2 amended
(1) After Schedule 2 item 11 insert:
1 IA. 13(2) Standing vehicle at side of
carriageway without permission 150
(2) Delete Schedule 2 item 17.
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(3) After Schedule 2 item 21 insert:
21A. 14(l)(k) Parking on footpath or shared
path without permission 150
21B. 14(1)(1) Parking so as to obstruct pedestrian or motor vehicle
without permission 150 21C. 14(1A) Parking in area designated for parking by people with
disabilities without permission 200 21D. 14A(3) Removing mark made by park management officer without
permission 150
(4) After Schedule 2 item 56 insert:
56A.
3 IA(2)(a)
Attaching decorations to things on designated land
without permission 200 56B.
3 1A(2)(b)
Causing act prohibited by regulation 31 A(2)(a) to be
done without permission 200
(5) After Schedule 2 item 60 insert:
60A. 33B Using portable generator
without permission 200
(6) Delete Schedule 2 item 67.
(7) Amend the provisions listed in the Table as set out in the 'Fable. Table
Provision Delete Insert
Seb. 2 it. 1 60 100 Sch.2 it. 2 60 100 Sch.2 it. 3 60 100 Sch.2 it. 4 60 100 Sch.2 it. 5 60 100 Sch. 2 it. 6 9(3)(a) 9(3) 60 200 9 September 2016 GOVERNMENT GAZETTE, WA 3881
Provision Delete Insert
Sch. 2 it. 7 9(3)(b) 9(4) 60 200 Sch. 2 it. 8 60 200 Sch. 2 it. 10 50 100 100 150 150 200 250 300 350 400 Sch. 2it. 11 13 13(1) 60 200 Sch. 2 it. 12 60 150 Sch. 2 it. 13 60 150 Sch. 2 it. 14 60 150 Sch. 2it. 15 60 1() Sch. 2it. 16 60 I() Sch. 2it. 18 60 I() Sch. 2 it. 19 60 150 Sch. 2 it. 20 60 150 Sch. 2 it. 21 60 150
Sch. 2 it. 24 60 100 Sch. 2 it. 25 60 100 Sch. 2 it. 26 60 100 Sch. 2 it. 28 60 100 Sch. 2 it. 35 60 100 Sch. 2 it. 42 60 100 Sch. 2 it. 49 public worship or Sch. 2 it. 53 60 100
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Provision Delete Insert
Sch. 2 it. 59 33(a) 33 except in fireplace Sch. 2 it. 60 33(b) 33A Sch. 2 it. 66 60 I 00 N. HAGLEY, Clerk of the Executive Council.
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