Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2013 (Vic)

Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2013

S.R. No. 55/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Schedule 2—Land Conservation—item substituted

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 55/2013

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 28 May 2013

Responsible Minister:

RYAN SMITH
Minister for Environment and Climate Change

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

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

(b)to prescribe penalties for those offences.

2Authorising provision

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

3Schedule 2—Land Conservation—item substituted

In Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1], for item 283 substitute—

"281	6028	An offence under regulation 13 of the Land Conservation (Vehicle Control) Regulations 2013	1 penalty unit	use or operate any motor vehicle in any area of public land except— (a)  on a road; or (b) in a parking area; or (c)  in a place immediately adjacent to a road where parking is not prohibited; or (d) in an off-road access area where that class of motor vehicle is permitted; or (e)  in a restricted access area where that class of motor vehicle is permitted
282	6029	An offence under regulation 16(1) of the Land Conservation (Vehicle Control) Regulations 2013	1 penalty unit	use or operate a vehicle in a prohibited access area in contravention of the declaration applying to that area

283 6030 An offence under regulation 16(2) of the Land Conservation (Vehicle Control) Regulations 2013 1 penalty unit leave a vehicle in a prohibited access area in contravention of the declaration applying to that area".

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ENDNOTES

[1] Reg. 3: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007.  Reprinted to S.R. No. 150/2006.  Subsequently amended by S.R. Nos 14/2009, 37/2010, 58/2010, 86/2011 and 93/2012.

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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.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

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.