Crown Lands Amenment (Short Descriptions of (NSW)
1998 No 229
| under the | ||
| Crown Lands Act 1989 | ||
| His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crown Lands Act 1989. | ||
| RICHARD AMERY, MP | ||
| Minister for Land and Water Conservation | ||
| Explanatory note | ||
| The object of this Regulation is to specify short descriptions for certain offences under the Crown Lands Act 1989 to facilitate the issue of penalty notices and other legal processes. | ||
| This Regulation is made under the Crown Lands Act 1989, including section 184 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902. | ||
| This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989. | ||
|
| Clause 1 | Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998 |
Crown Lands Amenment (Short Descriptions of
Offences) Regulation 1998
1 Name of Regulation
This Regulation is the Crown Lands Amendment (Short
Descriptions of Offences) Regulation 1998.
2 Commencement
This Regulation commences on 1 May 1998.
3 Amendment of Crown Lands Regulation1995
The Crown Lands Regulation 1995 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Amendments | Schedule 1 |
(Clause 3)
| [1] | Clause | 49A |
Insert after clause 49:
49A Short descriptions of offences
| ( 1) | For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to an offence specified in Column 1 of Schedule 5 is the expression set out opposite that offence in Column 2 of the Schedule. |
| (2) | If a choice of words is indicated in Column 2 of |
| Schedule 5, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression. | |
| (3) | For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was i n force when the offence is alleged to have been committed. |
| (4) | The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document i n which the expression is used. |
| (5) | Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal. |
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Schedule 1 | Amendments |
[2] Schedule 5
Insert after Schedule 4:
| Schedule 5 | Short descriptions of offences |
(Clause 49A)
| Column 1 | Column 2 |
| Offence | Prescribed expression |
| Section 155 (1) (a) of the Act-reside on | reside on public land without |
| public land without lawful authority | authority |
| Section 155 (1) (b) of the Act—erect a | erect structure on public land |
| structure on public land without lawful | without authority |
| authority | |
| Section 155 (1) (c) of the Act—depasture | depasture stock on public |
| stock on public land without lawful | land without authority |
| authority | |
| Section 155 (1) (d) of the Act—drive stock | drive stock on public land |
| on public land without lawful authority | without authority |
| Section 155 (1) (e) of the Act—clear, dig | clear/dig up/cultivate public |
| up or cultivate public land without lawful | land without authority |
| authority |
| Section 155 (1) | ( f ) of the Act—enclose | enclose public land without |
| public land (other than a road or | authority |
| watercourse to which section 63 applies) without lawful authority | |
| Section 155 (1) (h) of the Act-interfere | interfere with substance on |
| with any substance, whether on or in, or | public land without authority |
| forming part of, public land without lawful authority | |
| Section 155 (1) (i) of the Act-without lawful authority, deposit or leave on public land: |
| (i) | any rubbish. litter. refuse. dead | deposit/leave rubbish/litter/ |
| animal. filth or other similar matter. | refuse/dead animal/filth/matter | |
| or | on public land without authority | |
| (ii) | any matter of a prescribed class or | deposit/leave prescribed |
| description, whether or not of a | matter on public land |
| kind referred to in subparagraph (i), except in a place or receptacle provided for the purpose. | without authority |
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Offence | Prescribed expression |
| Section 156 (2) of the Act-after service | use structure on public land |
| of a notice prohibiting the making use, | after notice |
| without lawful authority, of a structure erected on public land, make use of the structure without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | conduct entertainment/ |
| (a) of this Regulation-after service of a | instruction/performance on |
| notice prohibiting the carrying on, without | public land after notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, conduct any entertainment. instruction or performance for money or consideration of any kind) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | operate TV/cinema/photo |
| (b) of this Regulation-after service of a | equipment on public land |
| notice prohibiting the carrying on, without | after notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, operate television, cinematographic or photographic equipment for commercial purposes) without lawful authority after the expiry of the period specified i n the notice | |
| Section 156 (2) of the Act and clause 47 | conduct/take part competitive |
| (c) of this Regulation-after service of a | sport on public land after |
| notice prohibiting the carrying on. without | notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, conduct or take part in any sporting activity that forms part of an organised competition) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | sell/offer for sale/distribute |
| (d) of this Regulation-after service of a | article/thing on public land |
| notice prohibiting the carrying on, without | after notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, sell. offer for sale or distribute any article | |
| or thing) without lawful authority after the | |
| expiry of the period specified in the notice |
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| Offence | Prescribed expression |
| Section 156 (2) of the Act and clause 47 | affix sign/bill/poster/banner/ |
| (e) of this Regulation-after service of a | bunting on/to structure on |
| notice prohibiting the carrying on, without | public land after notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, affix any sign, bill, poster, banner or bunting on, or to, any post, building, fence, seat, table, enclosure or other structure) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | camp on public land after |
| (f) of this Regulation-after service of a | notice |
| notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, | |
| camp) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | light fire on public land after |
| (g) of this Regulation-after service of a | notice |
| notice prohibiting the carrying on. without lawful authority, of a prescribed activity on public land, carry on the activity (that is, | |
| light a fire other than in a properly constructed fire place) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | drive vehicle/ride horse on |
| (h) of this Regulation-after service of a | public land after notice |
| notice prohibiting the carrying on. without lawful authority, of a prescribed activity on public land, carry on the activity (that is. drive a vehicle or ride a horse) without lawful authority after the expiry of the period specified i n the notice | |
| Section 156 ( 2 ) of the Act and clause 47 | carry/use firearm on public |
| ( i ) of this Regulation-after service of a | land after notice |
| notice prohibiting the carrying on. without lawful authority, of a prescribed activity on public land. carry on the activity (that is , carry or use firearms) without lawful authority after the expiry of the period specified in the notice |
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Offence | Prescribed expression |
| Section 156 (2) of the Act and clause 47 | discharge fireworks on public |
| (j) of this Regulatlon—after servlce of a | land after notice |
| notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, | |
| discharge fireworks) without lawful authority after the expiry of the period specified i n the notice | |
| Section 156 (2) of the Act and clause 47 | use bow and arrow/throw |
| (k) of this Regulation-after service of a | dangerous missile on public |
| notice prohibiting the carrying on, without | land after notice |
| lawful authority, of a prescribed activity on public land, carry on the activity (that is, use any bow and arrow or throw any stone or other dangerous missile) without lawful authority after the expiry of the period specified i n the notice | |
| Section 156 (2) of the Act and clause 47 | drink alcohol on public land |
| (1) of this Regulation-after service of a | after notice |
| notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land. carry on the activity (that is, drink alcohol) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (2) of the Act and clause 47 | sell/offer for sale/provide |
| ( m ) of this Regulation-after service of a | alcohol on public land after |
| notice prohibiting the carrying on, without | notice |
| lawful authority. of a prescribed activity on public land. carry on the prescribed activity (that is. sell or offer for sale or otherwise | |
| provide alcohol to another person) without lawful authority after the expiry of the period specified in the notice | |
| Section 156 (3 ) of the Act-without lawful | use structure on public land |
| authority, make use of a structure on | contrary to sign |
| public land when that use is prohibited by a notice displayed in a conspicuous place at or near the land |
| Crown Lands Amendment (Short | Descriptions of | Offences) Regulation 1998 |
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| offence | Prescribed expression |
| Section 156 (3) of the Act and clause 47 | conduct entertainment/ |
| (a) of this Regulation-without lawful | instruction/performance on |
| authority, carry on a prescribed activity | public land contrary to sign |
| (that is, conduct any entertainment. instruction or performance for money or consideration of any kind) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | operate TV/cinema/photo |
| (b) of this Regulation-without lawful | equipment on public land |
| authority, carry on a prescribed activity | contrary to sign |
| (that is, operate television. cinematographic or photographic equipment for commercial purposes) on public land when that activity | |
| is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | conduct/take part competitive |
| (c) of this Regulation-without lawful | sport on public land contrary |
| authority, carry on a prescribed activity | to sign |
| (that is, conduct or take part in any sporting activity that forms part of an organised competition) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | selI/offer for sale/distribute |
| (d) of this Regulation-without | lawful | article/thing on public land |
| authority, carry on a prescribed activity | contrary to sign |
| (that is, sell, offer for sale or distribute any article or thing) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land |
Crown Lands Amendment (Short Descriptions of Offences) Regulation 1998
| Amendments | Schedule 1 |
Column 2
| Column 1 Offence | Prescribed expression |
| Section 156 (3) of the Act and clause 47 | affix sign/biIl/poster/banner/ |
| (e) of this Regulation-without lawful | bunting on/to structure on |
| authority, carry on a prescribed activity | public land contrary to sign |
| (that is, affix any sign, bill, poster, banner | |
| or bunting on, or to, any post, building, | |
| fence, seat, table, enclosure or other structure) on public land when that activity is prohibited by a notice displayed i n a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | camp on public land contrary |
| (f) of this Regulation-without lawful | to sign |
| authority, carry on a prescribed activity (that is, camp) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | light fire on public land |
| (g) of this Regulation-without lawful | contrary to sign |
| authority, carry on a prescribed activity (that is, light a fire other than in a properly constructed fire place) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | drive vehicle/ride horse on |
| (h) of this Regulation-without lawful | public land contrary to sign |
| authority, carry on a prescribed activity (that is, drive a vehicle or ride a horse) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | carry/use firearm on public |
| (i) of this Regulation—without lawful | land contrary to sign |
| authority, carry on a prescribed activity (that is, carry or use firearms) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land |
| Crown Lands Amendment (Short Descriptions of | Offences) Regulation 1998 |
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| Offence | Prescribed expression |
| Section 156 (3) of the Act and clause 47 | discharge fireworks on public |
| (j) of this Regulation-without lawful | land contrary to sign |
| authority, carry on a prescribed activity (that is, discharge fireworks) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | use bow and arrow/throw |
| (k) of this Regulation-without lawful | dangerous missile on public |
| authority, carry on a prescribed activity | land contrary to sign |
| (that is, use any bow and arrow or throw any stone or other dangerous missile) on public land when that activity is prohibited | |
| by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | drink alcohol on public land |
| (l) of this Regulation-without lawful | contrary to sign |
| authority, carry on a prescribed activity (that is, drink alcohol) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 156 (3) of the Act and clause 47 | sell/offer to sell/provide |
| ( m ) of this Regulation-without lawful | alcohol on public land |
| authority, carry on a prescribed activity | contrary to sign |
| (that is. sell or offer to sell or otherwise provide alcohol to another person) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land | |
| Section 160 (6) of the Act—contravene | disobey direction about |
| direction under section 160 (3) as to the | bringing vehicles into public |
| bringing of vehicles into any vacant public | land |
| land | |
| Section 160 (6 ) of the Act—contravene | disobey direction about use |
| direction under section 160 (3 ) as to the | of vehicles in public land |
| use of vehicles in any vacant public land | |
| Section 160 ( 6 ) of the Act—contravene | disobey direction about |
| direction under section 160 (3) as to the | parking/mooring vehicles i n |
| parking or mooring of vehicles in any | public land |
| vacant public land |
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