Botanic Gardens and State Herbarium (General) Variation and (Vehicles) Revocation Regulations 2004 (SA)
South Australia
Botanic Gardens and State Herbarium (General) Variation and (Vehicles) Revocation Regulations 2004
under the Botanic Gardens and State Herbarium Act 1978
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Botanic Gardens and State Herbarium (General) Regulations 1993
Variation of regulation 1—Citation
Variation of regulation 6—Approval of Director
Variation of regulation 10—Powers of Gardens employees
Variation of regulation 11—Hindering Gardens employees or agents
Variation of regulation 12—Entrance to Gardens
Variation of regulation 14—Children in Gardens
Variation of regulation 15—Conservatory
Variation of regulation 16—Flora and fauna protection
Variation of regulation 17—Protection of Board's property
Variation of regulation 18—Animals
Variation of regulation 19—Camping
Variation of regulation 20—Fires
Variation of regulation 21—Firearms etc
Variation of regulation 22—Sport and other recreational activities
Variation of regulation 22A—Consumption of alcohol
Variation of regulation 23—Behaviour
Variation of regulation 24—Noise
Variation of regulation 25—Litter and pollution
Variation of regulation 26—Commercial activities etc
Variation of regulation 27—Public assembly or announcement
Variation of regulation 28—Donations
Substitution of Part 4
Part 4—Special provisions relating to vehicles
29Interpretation of Part 4
30Public vehicular access to Gardens and Botanic Park
31Driving or bringing vehicles into the Gardens or Botanic Park
32Speed limits in the Gardens and Botanic Park
33Prohibition against riding wheeled recreational devices in Gardens
34Liability of vehicle owners and expiation of certain offences
35Permits for permit zones
36Parking and parking ticket-vending machines or parking meters
37Fee for release of vehicle after hours
Part 3—Revocation of Botanic Gardens and State Herbarium (Vehicles) Regulations 1993
Revocation of regulations
Part 1—Preliminary
1—Short title
These regulations may be cited as the Botanic Gardens and State Herbarium (General) Variation and (Vehicles) Revocation Regulations 2004.
2—Commencement
These regulations will come into operation on 1 July 2004.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Botanic Gardens and State Herbarium (General) Regulations 1993
4—Variation of regulation 1—Citation
Regulation 1—delete "(General)"
5—Variation of regulation 6—Approval of Director
Regulation 6(2)—insert at the foot:
Maximum penalty: Division 7 fine.
6—Variation of regulation 10—Powers of Gardens employees
Regulation 10(4)—insert at the foot:
Maximum penalty: Division 7 fine.
7—Variation of regulation 11—Hindering Gardens employees or agents
Regulation 11—insert at the foot:
Maximum penalty: Division 7 fine.
8—Variation of regulation 12—Entrance to Gardens
Regulation 12(3)—insert at the foot:
Maximum penalty: Division 7 fine.
9—Variation of regulation 14—Children in Gardens
Regulation 14(1)—insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 14(2)—insert at the foot:
Maximum penalty: Division 7 fine.
10—Variation of regulation 15—Conservatory
Regulation 15(a1)—insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 15(1)—insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 15(2)—insert at the foot:
Maximum penalty: Division 7 fine.
11—Variation of regulation 16—Flora and fauna protection
Regulation 16—insert at the foot:
Maximum penalty: Division 7 fine.
12—Variation of regulation 17—Protection of Board's property
Regulation 17—insert at the foot:
Maximum penalty: Division 7 fine.
13—Variation of regulation 18—Animals
Regulation 18(1)—insert at the foot:
Maximum penalty: Division 7 fine.
14—Variation of regulation 19—Camping
Regulation 19—insert at the foot:
Maximum penalty: Division 7 fine.
15—Variation of regulation 20—Fires
Regulation 20(1)—insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 20(2)—insert at the foot:
Maximum penalty: Division 7 fine.
16—Variation of regulation 21—Firearms etc
Regulation 21—insert at the foot:
Maximum penalty: Division 7 fine.
17—Variation of regulation 22—Sport and other recreational activities
Regulation 22(1)—insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 22(2)—insert at the foot:
Maximum penalty: Division 7 fine.
18—Variation of regulation 22A—Consumption of alcohol
Regulation 22A—insert at the foot:
Maximum penalty: Division 7 fine.
19—Variation of regulation 23—Behaviour
Regulation 23(1)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 23(2)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 23(3)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 23(4)—Insert at the foot:
Maximum penalty: Division 7 fine.
20—Variation of regulation 24—Noise
Regulation 24(1)—Insert at the foot:
Maximum penalty: Division 7 fine.
21—Variation of regulation 25—Litter and pollution
Regulation 25(1)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 25(2)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 25(3)—Insert at the foot:
Maximum penalty: Division 7 fine.
22—Variation of regulation 26—Commercial activities etc
Regulation 26(1)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 26(2)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 26(3)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 26(4)—Insert at the foot:
Maximum penalty: Division 7 fine.
Regulation 26(5)—Insert at the foot:
Maximum penalty: Division 7 fine.
23—Variation of regulation 27—Public assembly or announcement
Regulation 27—Insert at the foot:
Maximum penalty: Division 7 fine.
24—Variation of regulation 28—Donations
Regulation 28—Insert at the foot:
Maximum penalty: Division 7 fine.
25—Substitution of Part 4
Part 4—delete Part 4 and substitute:
Part 4—Special provisions relating to vehicles
29—Interpretation of Part 4
In this Part—
bus means a motor vehicle—
(a)designed for the principal purpose of carrying passengers; and
(b)designed to carry more than 12 persons, including the driver;
drive has the same meaning as in the Road Traffic Act 1961;
long passenger vehicle means a motor vehicle (other than a bus)—
(a)designed for the principal purpose of carrying passengers; and
(b)exceeding 6 metres in length, excluding any trailer, caravan or other vehicle attached to the vehicle;
owner, in relation to a vehicle, has the same meaning as in the Road Traffic Act 1961;
prescribed offence means an offence against regulation 31 or 32;
prescribed vehicle means—
(a)a motor vehicle that is constructed solely or mainly for the carriage of goods and has a gross vehicle mass (within the meaning of section 47A of the Road Traffic Act 1961) of 4.5 tonnes or more; or
(b)a prime mover; or
(c)a vehicle (including any trailer, caravan or other vehicle attached to the vehicle) that exceeds 6 metres in length other than—
(i)a bus that is less than 3 metres high when unladen; or
(ii)a long passenger vehicle;
road has the same meaning as in the Road Traffic Act 1961;
vehicle has the same meaning as in the Road Traffic Act 1961;
wheeled recreational device has the same meaning as in the Road Traffic Act 1961;
30—Public vehicular access to Gardens and Botanic Park
The Director may, from time to time, determine areas of the Gardens or Botanic Park that are closed to public vehicular access.
31—Driving or bringing vehicles into the Gardens or Botanic Park
A person must not, without the approval of the Director—
(a)bring a vehicle into, or drive a vehicle in, any part of the Gardens or Botanic Park closed to public vehicular access; or
(b)drive a vehicle in the Gardens or Botanic Park except on an area specifically set aside for the driving or parking of vehicles; or
(c)bring a prescribed vehicle into, or drive a prescribed vehicle in, the Gardens or Botanic Park.
Maximum penalty: Division 8 fine.
Expiation fee: Division 8 fee.
32—Speed limits in the Gardens and Botanic Park
(1)A person must not, without the approval of the Director, drive a vehicle in the Gardens or Botanic Park at a speed greater than—
(a)in the case of a road open to vehicular access by the public—30 kilometres per hour;
(b)in any other case—15 kilometres per hour.
Maximum penalty: Division 8 fine.
Expiation fee: Division 8 fee.
(2)This regulation does not apply in circumstances where a speed limit applies under the Road Traffic Act 1961.
33—Prohibition against riding wheeled recreational devices in Gardens
A person must not, without the approval of the Director, travel in or on a wheeled recreational device in the Gardens.
Maximum penalty: Division 12 fine.
Expiation fee: Division 12 fee.
34—Liability of vehicle owners and expiation of certain offences
(1)Without derogating from the liability of any other person, but subject to this regulation, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this regulation.
(2)The owner and driver of a vehicle are not both liable through the operation of this regulation to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.
(3)An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this regulation involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the Board, within the period specified in the notice, with a statutory declaration—
(a)setting out the name and address of the driver; or
(b)if he or she had transferred ownership of the vehicle to another prior to the time of the alleged prescribed offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).
(4)Before proceedings are commenced against the owner of a vehicle for an offence against this regulation involving the vehicle, the complainant must send the owner a notice—
(a)setting out particulars of the alleged prescribed offence; and
(b)inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subregulation (3).
(5) Subregulation (4) does not apply to—
(a)proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or
(b)proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this regulation as the driver of the vehicle.
(6)Subject to subregulation (7), in proceedings against the owner of a vehicle for an offence against this regulation, it is a defence to prove—
(a)that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or
(b)that the owner provided the complainant with a statutory declaration in accordance with an invitation under this regulation.
(7)The defence in subregulation (6)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.
(8)If—
(a)an expiation notice is given to a person named as the alleged driver in a statutory declaration under this regulation; or
(b)proceedings are commenced against a person named as the alleged driver in such a statutory declaration,
the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver.
(9)The particulars of the statutory declaration provided to the person named as the alleged driver must not include the address of the person who provided the statutory declaration.
(10)In proceedings against a person named in a statutory declaration under this regulation for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed.
(11)In proceedings against the owner or driver of a vehicle for an offence against this Part, an allegation in the complaint that a notice was given under this regulation on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.
35—Permits for permit zones
(1)This regulation applies if the Board has installed or determined that it will install, permit zone signs to establish a permit zone for the purposes of the Road Traffic Act 1961.
(2)The Board may determine—
(a)the class of permits required for vehicles to stop in the permit zone; and
(b)the persons entitled to such permits; and
(c)any fees to be paid for such permits; and
(d)the conditions to which the permits will be subject (which may include conditions as to the period for which such permits remain in force and conditions as to the display of permits in vehicles),
and may vary any such determination.
(3)The Board may issue permits in respect of the permit zone to persons entitled to them, on payment of the fee (if any), and subject to the conditions, determined by the Board.
(4)A permit issued by the Board and in force in respect of the permit zone permits a vehicle to stop in the permit zone subject to the conditions of the permit.
36—Parking and parking ticket-vending machines or parking meters
(1)This regulation applies if the Board has installed, or determined that it will install, permissive parking signs to apply to a length of road or an area for the purposes of the Road Traffic Act 1961.
(2)Subject to subregulation (3), the Board may determine fees that will be payable for parking in the length of road or the area by the operation of parking ticket-vending machines or parking meters installed or to be installed in or near the length of road or area, and may vary such fees.
(3)The fees determined by the Board in respect of the parking or standing of vehicles in the Gardens for the purposes of the Road Traffic Act 1961 must not include any fee in respect of the parking or standing of a vehicle on a Sunday or other public holiday.
37—Fee for release of vehicle after hours
(1)The Board may, from time to time, fix a fee for the release of a vehicle from the Gardens or Botanic Park at a time when the relevant part of the Gardens or Botanic Park is closed to the public.
(2)A person is not entitled to release of the vehicle until the fee is paid.
Part 3—Revocation of Botanic Gardens and State Herbarium (Vehicles) Regulations 1993
26—Revocation of regulations
The Botanic Gardens and State Herbarium (Vehicles) Regulations 1993 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
on the recommendation of the Board of the Botanic Gardens and State Herbarium and with the advice and consent of the Executive Council
on 27 May 2004
No 121 of 2004
2001/09120/CTP01
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