Conservation, Forests and Lands (Infringement Notice) Amendment (Alpine Resorts (Management) and Crown Land (Reserves)) Regulations 2021 (Vic)

Conservation, Forests and Lands (Infringement Notice) Amendment (Alpine Resorts (Management) and Crown Land (Reserves)) Regulations 2021

S.R. No. 6/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Schedule 2 substituted

5Schedule 4 amended

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Endnotes

STATUTORY RULES 2021

S.R. No. 6/2021

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Amendment (Alpine Resorts (Management) and Crown Land (Reserves)) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 9 February 2021

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2013 to prescribe—

(a)offences against a relevant law for which an infringement notice may be served; and

(b)infringement penalties for those prescribed infringement offences.

2Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3Commencement

These Regulations come into operation on 9 February 2021.

4Schedule 2 substituted

For Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2013[1] substitute—

"Schedule 2—Alpine Resorts

Regulations 5 and 6

Column 1 Item	Column 2 Prescribed Infringement Offence	Column 3 Infringement Penalty
1	An offence against regulation 10 of the Alpine Resorts (Management) Regulations 2020	2 penalty units
2	An offence against regulation 15(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
3	An offence against regulation 16(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
4	An offence against regulation 17(4) of the Alpine Resorts (Management) Regulations 2020	3 penalty units
5	An offence against regulation 19(1) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
6	An offence against regulation 19(4) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
7	An offence against regulation 20(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
8	An offence against regulation 20(4) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
9	An offence against regulation 24(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
10	An offence against regulation 25(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
11	An offence against regulation 26(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
12	An offence against regulation 29(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
13	An offence against regulation 30(3) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
14	An offence against regulation 31(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
15	An offence against regulation 31(5) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
16	An offence against regulation 32(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
17	An offence against regulation 32(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
18	An offence against regulation 33(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
19	An offence against regulation 33(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
20	An offence against regulation 34 of the Alpine Resorts (Management) Regulations 2020	2 penalty units
21	An offence against regulation 36(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
22	An offence against regulation 37(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
23	An offence against regulation 38(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
24	An offence against regulation 40(1) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
25	An offence against regulation 41(1) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
26	An offence against regulation 41(4) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
27	An offence against regulation 41(5) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
28	An offence against regulation 42(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
29	An offence against regulation 42(4) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
30	An offence against regulation 42(6) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
31	An offence against regulation 44(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
32	An offence against regulation 45(1) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
33	An offence against regulation 46(1) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
34	An offence against regulation 46(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
35	An offence against regulation 47(1) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
36	An offence against regulation 47(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
37	An offence against regulation 48(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
38	An offence against regulation 48(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
39	An offence against regulation 50(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
40	An offence against regulation 50(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
41	An offence against regulation 51(2) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
42	An offence against regulation 52 of the Alpine Resorts (Management) Regulations 2020	3 penalty units
43	An offence against regulation 53(1) of the Alpine Resorts (Management) Regulations 2020	2.5 penalty units
44	An offence against regulation 53(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
45	An offence against regulation 53(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
46	An offence against regulation 53(4) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
47	An offence against regulation 53(5) of the Alpine Resorts (Management) Regulations 2020	1 penalty unit
48	An offence against regulation 54(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
49	An offence against regulation 54(3) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
50	An offence against regulation 55(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
51	An offence against regulation 56(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
52	An offence against regulation 58(1) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
53	An offence against regulation 58(2) of the Alpine Resorts (Management) Regulations 2020	5 penalty units
54	An offence against regulation 59(1) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
55	An offence against regulation 59(5) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
56	An offence against regulation 60(2) of the Alpine Resorts (Management) Regulations 2020	4 penalty units
57	An offence against regulation 63(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
58	An offence against regulation 65 of the Alpine Resorts (Management) Regulations 2020	2 penalty units
59	An offence against regulation 66(1) of the Alpine Resorts (Management) Regulations 2020	2 penalty units
60	An offence against regulation 66(2) of the Alpine Resorts (Management) Regulations 2020	2 penalty units

".

5Schedule 4 amended

(1)Items 247K to 247T in the table in Schedule 4 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2013 are revoked.

(2)After item 250 in the table in Schedule 4 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2013 insert—

"251	An offence against regulation 11 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
252	An offence against regulation 13(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
253	An offence against regulation 14(7) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
254	An offence against regulation 15(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
255	An offence against regulation 15(4) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
256	An offence against regulation 16(4) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	4 penalty units
257	An offence against regulation 17(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	4 penalty units
258	An offence against regulation 21(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
259	An offence against regulation 22(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
260	An offence against regulation 22(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
261	An offence against regulation 22(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
262	An offence against regulation 23(8) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
263	An offence against regulation 24(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
264	An offence against regulation 25(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
265	An offence against regulation 25(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
266	An offence against regulation 26(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
267	An offence against regulation 26(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
268	An offence against regulation 27(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
269	An offence against regulation 28(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
270	An offence against regulation 28(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
271	An offence against regulation 29(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
272	An offence against regulation 30 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
273	An offence against regulation 31(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
274	An offence against regulation 31(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
275	An offence against regulation 32 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
276	An offence against regulation 33 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
277	An offence against regulation 34(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
278	An offence against regulation 34(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
279	An offence against regulation 35(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
280	An offence against regulation 35(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
281	An offence against regulation 36(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
282	An offence against regulation 37(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
283	An offence against regulation 38(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
284	An offence against regulation 38(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	4 penalty units
285	An offence against regulation 39(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	3 penalty units
286	An offence against regulation 40 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
287	An offence against regulation 41(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
288	An offence against regulation 41(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
289	An offence against regulation 41(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	5 penalty units
290	An offence against regulation 43(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2.5 penalty units
291	An offence against regulation 43(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2.5 penalty units
292	An offence against regulation 43(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
293	An offence against regulation 43(4) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
294	An offence against regulation 43(5) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	4 penalty units
295	An offence against regulation 44 of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	1 penalty unit
296	An offence against regulation 45(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
297	An offence against regulation 45(3) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
298	An offence against regulation 46(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
299	An offence against regulation 47(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
300	An offence against regulation 48(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
301	An offence against regulation 48(2) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
302	An offence against regulation 49(1) of the Crown Land (Reserves) (Belfast Coastal Reserve) Regulations 2020	2 penalty units
303	An offence against regulation 10(4) of the Crown Land (Reserves) (Southern Alpine Resorts) Regulations 2020	2 penalty units
304	An offence against regulation 11(3) of the Crown Land (Reserves) (Southern Alpine Resorts) Regulations 2020	1 penalty unit
305	An offence against regulation 9(4) of the Crown Land (Reserves) (Safety) Regulations 2020	5 penalty units
306	An offence against regulation 10(2) of the Crown Land (Reserves) (Safety) Regulations 2020	4 penalty units
307	An offence against regulation 11(4) of the Crown Land (Reserves) (Safety) Regulations 2020	4 penalty units
308	An offence against regulation 11(5) of the Crown Land (Reserves) (Safety) Regulations 2020	2 penalty units
309	An offence against regulation 11(4) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
310	An offence against regulation 13(3) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	1 penalty unit
311	An offence against regulation 14(6) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	5 penalty units
312	An offence against regulation 15(3) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
313	An offence against regulation 15(4) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
314	An offence against regulation 16(4) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	4 penalty units
315	An offence against regulation 17(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	5 penalty units
316	An offence against regulation 18(2) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	3 penalty units
317	An offence against regulation 18(3) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	3 penalty units
318	An offence against regulation 19 of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
319	An offence against regulation 20(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	4 penalty units
320	An offence against regulation 21 of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	3 penalty units
321	An offence against regulation 23(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	3 penalty units
322	An offence against regulation 24(2) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
323	An offence against regulation 24(3) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
324	An offence against regulation 25(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	1 penalty unit
325	An offence against regulation 26(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units
326	An offence against regulation 27(1) of the Crown Land (Reserves) (Ex‑HMAS Canberra Dive Site) Regulations 2020	2 penalty units".

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Endnotes

[1] Reg. 4: S.R. No. 66/2013 as amended by S.R. Nos 98/2013, 116/2013, 40/2014, 98/2014, 191/2014, 90/2017, 91/2017 and 2/2020.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2020 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.