Forest Management Amendment Regulations 1996 (WA)
GOVERNMENT GAZETTE, WA [29 March 1996
Regulations 1996.
CONSERVATION AND LAND MANAGEMENT
CM301
CONSERVATION AND LAND MANAGEMENT ACT 1984
FOREST MANAGEMENT AMENDMENT REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Forest Management Amendment
29 March 19961 GOVERNMENT GAZETTE, WA 1505 Principal regulations
2. In these regulations the Forest Management Regulations 1993* are
referred to as the principal regulations.
[* Published in Gazette 9 February 1993, pp. 1119-1201.
For amendments to 1 March 1996 see 1994 Index to Legislation of Western Australia, Table 4, p. 43, and Gazette 28 April 1995, pp. 1459-60.]
Regulation 2 amended
3. Regulation 2 of the principalregulations is amended by inserting, in the
appropriate alphabetical positions, the following definitions -
''
"camp" means to stay or lodge (whether in a camping unit
or otherwise) during any period of the night between
9.00 p.m. and 6.00 a.m.;
"camping area" means an area marked under
camp; regulation 128D (1) as an area where persons may
"camping unit" means a caravan or a tent, bivouac or
temporary shelter of any kind;
"caravan" means any vehicle adapted or designed for camping or capable of being used for a dwelling or for sleeping purposes whether wheels are attached to the vehicle or not;
"non-tour motor vehicle" means a motor vehicle that is
not a tour motor vehicle;
"tour motor vehicle", means an omnibus as defined by section 4 (1) of the Transport Co-ordination Act 1966, or a vehicle carrying a plate which indicates that the vehicle is licensed as an omnibus under regulation 8 of the Transport Co-ordination Regulations 1985;
"Tree Top Walk" means the walkway known as the "Tree Top Walk" situated in State Forest No. 42 within the area known as the "Valley of the Giants" between Nornalup and the Irwin Inlet;
Regulation 103 amended 4. Regulation 103 (1) of the principal regulations is amended by deleting
"designated".
Part 17A inserted5. After regulation 128 the following Part is inserted -
a
PART 17A - VISITORS TO STATE FORESTS AND TIMBER RESERVES
Interpretation
128A. In this Part, unless the contrary intention appears -
"notice" means a notice in a State forest or timber reserve erected by the Executive Director under section 134 of the Act.
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Entrance fees to State forests or timber reserves
128B. (1) Subject to this regulation -
(a) Schedule 2A are payable daily per non-tour motor the fees specified in items 1 and 2 of Part 1 of vehicle entering a State forest or timber reserve, and the person in charge of the vehicle is liable to pay the relevant fee; and
(b) the fee specified in item 3 of Part 1 of Schedule 2A is payable daily per occupant of a tour motor vehicle entering a State forest or timber reserve, and the owner or operator of the tour motor vehicle is liable to pay the fee for every occupant of the tour motor vehicle.
Executive Director has erected notices at the entrances to the (2) Fees are not payable under this regulation unless the State forest or timber reserve -
(a) stating that fees are payable for entry; (b) specifying the fees payable under this regulation; and (c) specifying the manner in which the fees are to be paid.
(3) A person shall not refuse or fail to pay in the manner person is liable under this regulation. specified by notice under subregulaton (2) (c), a ?ee for which the Penalty: $200.
Entrance fees for Tree Top Walk
128C. (1) The fees specified in Part 2 of Schedule 2A are
payable by persons entering the Tree Top Walk.
entrance to the Tree Top Walk - (2) The Executive Director shall erect a notice at the
(a) specifying the fees payable under this regulation; and (b) specifying the manner in which the fees are to be
paid.
(3) A person shall not refuse or fail to pay in the manner specified by notice under subregulation (2) (c), a ?ee for which the person is liable under this regulation. Penalty: $200.
Camping areas in State forests or timber reserves
128D. (1) The Executive Director may erect notices marking areas in a State Forest or timber reserve as areas where persons may camp.
specified periods of the year only. (2) A notice may state that the area is a camping area for
Director camp in a State forest or a timber reserve except in a (3) A person shall not without the authority of the Executive camping area marked as a camping area. Penalty: $200.
29 March 19961 GOVERNMENT GAZETTE, WA 1507 General provisions applying to camping
128E. (1) The following provisions shall be complied with by persons who camp in State forests and timber reserves -
no structure of any kind of a permanent or semi-
(a) permanent nature shall be erected; a camping unit shall not be constructed of unsightly
(b) materials, nor in a manner likely to be offensive or dangerous to other persons; and
a camper shall keep the site on which he camps in a
(c) clean and sanitary condition at all times. Penalty: $200.
and not in derogation of, any other provisions of these regulations (2) The provisions of subregulation (1) are in addition to,
governing the conduct of persons in a State forest or timber
reserve.
reserves Fees for use of camping sites in State forests or timber
128F. (1) Subject to subregulation (3) the fees specified in Part 3 of Schedule 2A are payable in respect of persons who camp in camping areas in State forests or timber reserves. A person occupying a camping site is liable to pay the fee person occupying the site, the persons occupying the site are referred to in subregulation (1) or, if there is more than one jointly and severally liable to pay the fee.
Executive Director has erected a notice at a camping area - (3) Fees are not payable under this regulation unless the (2)
(a) stating that fees are payable for camping; (b) specifying the fees payable under this regulation; and (c) specifying the manner in which the fees are to be paid. A person shall not refuse or fail to pay in the manner specified by notice under subregulation (3) (c), a lee for which the person is liable under this regulation. (4)
Penalty: $200. Infringement notices
128G. (1) An offence created by a provision of these regulations specified in columns 1 and 2 of Schedule 2B is a prescribed offence for the purposes of section 114A of the Act.
opposite the reference to a prescribed offence applies to that (2) The modified penalty set out in column 3 of Schedule 2B offence if it is dealt with under section 114A of the Act.
(3) Forms 3 and 4 in Schedule 2 are prescribed for the the Act. purposes of subsections (1) and (6) respectively of section 114A of
Regulation 132 amended
6. Regulation 132 (1) of the principal regulations is amended by deleting
"designated" in both places where it occurs.
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Regulation 150 repealed
7. Regulation 150 of the principal regulations is repealed.
Schedule 2 amended
8. Schedule 2 to the principal regulations is amended by inserting after
Form 2 the following forms -
cc
FORM 3
• [Regulation 128G (3)] FOREST MANAGEMENT REGULATIONS 1993
INFRINGEMENT NOTICE
Given by
(forest/wildlife/conservation and land management officer/ranger)*
Date 19
1. To (name)
of (address) 2. It is alleged that at about ......a.m./p.m. on the
day of 19 ,you committed an offence
against regulation of the Forest Management Regulations 1993 by
3. If you do not wish to have a complaint of the alleged offence heard and determined by a court, you may pay the modified
penalty of $ .........for that offence to the Executive Director within 21 days of the giving of this notice.
4. Payment may be made by either posting this form and a cheque, money or postal note for the modified penalty to the Executive Director, Department of Conservation and Land Management. P 0 Box 104, Como WA 6152 or by delivering this form and paying the modified penalty at an office of the Department of Conservation and Land Management.
5. If this modified penalty is not paid within 21 days of the
date of this notice, court proceedings may be taken against
you.
Signature of (forest/wildlife/conservation and land management officer/ranger)*
(* Delete whichever does not apply.)
29 March 19961 GOVERNMENT GAZETTE, WA 1509 FORM 4
[Regulation 128G (3)]
FOREST MANAGEMENT REGULATIONS 1993
WITHDRAWAL OF INFRINGEMENT NOTICE
To (name) of (address)
1. Infringement notice no. given
to you on the day of 19 for the alleged offence of and
requesting payment of a modified penalty of $ is hereby withdrawn. 2. No further action will be taken against you.*
OR
for the alleged offence.* It is proposed to commence court proceedings against you (*Delete whichever does not apply.)
Executive Director,
Department of Conservation and Land Management.
Date 19
Schedules 2A and 2B inserted
9. After Schedule 2 to the principal regulations the following Schedules are
inserted - SCHEDULE 2A [Regulations 128B, 128C and 128F]
FEES FOR VISITORS
PART 1— FEES FOR ENTRANCE TO STATE FORESTS
AND TIMBER RESERVES
Description Fee $
1. Daily entrance fee per non-tour motor vehicle that
is a motorcycle 3.00 2.
Daily entrance fee per non-tour motor vehicle that is not a motorcycle 5.00 3.
Daily entrance fee per occupant of a tour motor vehicle 2.00
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PART 2— FEES FOR ENTRANCE TO TREE TOP WALK
Description Fee $
1. Per person 16 years and over 5.00 2. Per person under 16 2.00 3. Per family 12.00 PART 3— FEES FOR USE OF CAMPING SITES IN STATE
FORESTS AND TIMBER RESERVES
Description Fee $
1. Daily camping fee for site with no ablutions, showers and caravan sites -
site for not more than 2 persons 5.00 each additional person 16 years and over 3.00 each additional person under 16 years 1.00 2. Daily camping fee for site with facilities including ablutions, showers and caravan sites -
site for not more than 2 persons 8.00 each additional person 16 years and over 3.00 each additional person under 16 years 1.00 SCHEDULE 2B
[Regulation 128G (1) and (2)1
OFFENCES TO WHICH MODIFIED PENALTIES APPLY
Column 1 Column 2 Column 3
Item Regulation Brief description Modified
No. of offence Penalty $
1.
128B (3)
Refusing or failing to pay, in manne: specified by notice, entrance fee for State forest or timber reserve
50.00
2.
1280 (3)
Refusing or failing to pay, in manner specified by notice entrance fee for
Tree op Walk 50.00
3. 128D(3) Camping without
authority outside camping
area in State forest or
timber reserve 50.00
4.
128E (1)
Camping in State forest or timber reserve contrary to general camping provisions
50.00
29 March 1996] GOVERNMENT GAZETTE, WA 1511
Column 1 Column 2 Column 3
Item Regulation Brief description Modified
No. of offence Penalty $
5. 128F (4) Refusing or failing to pay, in manner specified by notice, camping fee for State forest or timber reserve
50.00
Schedule 4 repealed
10. Schedule 4 to the principal regulations is repealed.
By His Excellency's Command,
J. PRITCHARD, Clerk of the Council.
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