Justices Act 1902 Regulation relating to short descriptions of offences under the National Parks and Wildlife (Land Management) Regulation 1987 (1991-27) [GG No 18 of 25.1.1991] (NSW)

1991—No. 27

JUSTICES ACT 1902—REGULATION

(Relating to short descriptions of offences under the National Parks and

Wildlife (Land Management) Regulation 1987)

NEW SOUTH WALES

[Published in Gazette No. 18 of 25 January 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

JOHN DOWD

Attorney General.

The National Parks and Wildlife (Short Description of Offences)

Regulation 1989 is amended:

(a) by omitting clause 2 (2) and by inserting instead the following subclause:

(2) If a choice of words is indicated in Column 2 of the Schedule, the words remaining after the omission of the words inrelevant to the offence constitute the prescribed expression.

(b) by omitting Schedule 1 and by inserting instead the following Schedule:

SCHEDULE 1

(Cl. 2)

Column 1 Column 2

OFFENCES UNDER NATIONAL PARKS AND PRESCRIBED

WILDLIFE (LAND MANAGEMENT) EXPRESSION

REGULATION 1987

Clause 5 (2)—drive vehicle into a park otherwise enter park at unauthorised

1991—No. 27

Clause 6 (1) (a)—take animal into park	take animal into park
Clause 6 (1) (b)—keep animal in park	keep animal in park
Clause 6 (1) (c)—be in charge/possession/control of animal in park	be in charge/possession/

control of animal in park

Clause 6 (1) (d)—fail to prevent animal of which the person has charge/possession/control from fail to prevent animal

entering park

entering park

Clause 7 (1) (a)—ride or tether horse or drive vehicle except on a ride, drive, road, track, trail ride/tether/drive on

unauthorised area

or area set apart for that purpose within any park

Clause 7 (1) (b)—park vehicle or moor vessel in an area other than an area set apart by the authority unauthorised parking/

mooring

for parking or mooring or otherwise than in accordance with conditions imposed by the authority and exhibited by a notice w i t h any park
Clause 7 (1) (c)—driver or rider of any vehicle or rider or person in charge of m y horse proceeding	fail to comply with driving

riding conditions

along, standing on or using any ride, drive, road, track, trail or area set apart for driving or riding vehicles or horses, failing to to comply with conditions imposed by the authority and exhibited by a notice with respect to:

(i) control of traffic;
(ii) the rate of travel of any vehicle or horse;
(iii) the use of any ride, drive, road, track, trail

or area

Clause 7 (1) (d) (i)—deviate from any ride, drive, road, track or trail	deviate from road or path
Clause 7 (1) (d) (ii)—without consent use in a commercial operation anyvessel or raft on any	unauthorised commercial

use of vessel

stream, river, dam, lake, reservoir or waterway

1991—No. 27

Clause 7 (1) (d) (iii)—without consent use any earthmoving unauthorised use of

equipment, tractor-drawn equipment/conveyance

equipment, helicopter, aeroplane, hovercraft or any means of conveyance other than a motor car, motor omnibus, motor truck, motor cycle, motor scooter, bicycle, horse or horse-drawn carriage

Clause 7 (1) (d) (iv)—without consent use or have in possession an oversnow vehicle unauthorised

use/possession oversnow

vehicle

Clause 7 (2)—between 7 p.m. and 7 a.m. cause or permit any vehicle to stand within any area cause/permit vehicle stand

in unauthorised area

within Kosciusko National Park the boundaries of which are delineated by snow poles or other prominent markers and which are indicated as being set apart for parking by notice

Clause 8 (a)—within any park use any table or seat otherwise than in accordance with conditions unauthorised use of

table/seat

Clause 8 (b)—within any park enter or use any shelter, lavatory, shed, building, bathing unauthorised entry/use of

amenity/area/place

enclosure or beach or any other public amenity or area or place of any nature otherwise than in accordance with conditions

Clause 9 (3)—camp on any part of a park not set aside for camping or otherwise than in unauthorised

camping/camp contrary

accordance with condtions	to conditions
Clause 9 (4) (a)—camp for a continuous period in excess of period exhibited by notice	camp in excess of specified

period

Clause 9 (4) (b)—permanently reside in park	reside in park
Clause 10 (1) (a) deposit or leave any litter	deposit/leave litter

except in an area or receptacle provided

Clause 10 (1) (b)—where no area or receptacle for litter is provided, fail to remove from the park all litter taken into or created by the person in the park fail to remove litter

1991—No. 27

Clause 10 (1) (c)—deposit or leave any mineral, metal or mineral or metal waste deposit/leave

mineral/metall waste

Clause 10 (1) (d)—leave any offensive or polluting substance, matter or thing leave offensive/polluting

matter

Clause 10 (1) (e)—wilfully break any article of glass, china, pottery or plastic break glass/china/pottery/

plastic

Clause 10 (1) (f)—write or paint or otherwise mark on or deface, damage, destroy, remove or write/paint/mark on deface/

damage/destroy/remove/

interfere with any tank, dam, water supply,	interfere with part of
sewerage or electrical installation, causeway,	park
wharf, jetty, bridge, building, plant, equipment, rock, tree, timber, relic, road, path, culvert, picnic area, camping area, caravan park area, parking area, cabin area, table, seat, pillar, pole, snowpole, railing, gate, lookout, sign, notice, rubbish receptacle, monument, memorial or other fixture or improvement

Clause 10 (1) (f)—affix any bill, notice or advertisement to any tank, dam, water supply, affix bill/notice/

advertisement to part of

sewerage or electrical installation, causeway,	park
wharf, jetty, bridge, building, plant, equipment, rock, tree, timber, relic, road, path, culvert, picnic area, camping area, caravan park area, parking area, cabin area, table, seat, pillar, pole, snowpole, railing, gate, lookout, sign, notice, rubbish receptacle, monument, memorial or other fixture or improvement
Clause 10 (1) (g)—carry, lay or set any trap, snare or poison, or drop from any aircraft or otherwise	carry/lay/set/drop/deposit

trap/poison

deposit any poison bait or poisonous chemical

substance

Clause 10 (1) (h)—hurt, capture, destroy, trap or snare or have in possession any animal hurt/capture/destroy/trap/

snare/possess animal

Clause 10 (1) (i)—take any animal’s nest or egg	take nest/egg
Clause 10 (1) (i)—interfere with my animal’s nest or egg or habitation or resting place or my	interfere with

nest/egg/behive

beehive

1991—No. 27

Clause 10 (1) (j)—behave in a disorderly manner or use any offensive language or cause disorderly behaviour/

offensive language/ cause

annoyance to other persons	annoyance
Clause 10 (1) (k)—use any machinery, plant, radio, television, cassette, record player or other	use article causing nuisance

to person/animal

equipment for relaying music or sound, or any vehicle, model aircraft or boat in a manner likely to cause a nuisance to any person or animal

Clause 10 (1) (1)—where authority has approved a fireplace or other location for lighting of fires, light/maintain/use fire in

unauthorised place

light, maintain or use any fire in any place other

than an approved fireplace or location

Clause 10 (1) (m)—light, maintain or use any fire which does not comply with conditions specified light/maintain/use fire

contrary to conditions

by notice for fires

Clause 10 (1) (n)—fail to summon assistance if assistance is available to control or extinguish fail to summon assistance

re fire

any fire which the person lit or used or caused to be lit or used and which is beyond the person’s power to control or extinguish

Clause 10 (1) (o) use matches, cigarettes or smokers’ materials or any inflammable or use inflammable/explosive

substance/object in

explosive substance or object in a careless or	careless/dangerous
dangerous manner or in a manner likely to cause	manner
a fire in the park

Clause 10 (1) (p)—set any trap or net for fish in any water, or have in possession any fish trap or fishing net other than a landing net	possess/set fish	trap/net
Clause 10 (1) ()—deposit any relic	deposit relic
Clause 10 (1) (r)—abandon any vehicle	abandon vehicle
Clause 10 (2)—within any Aboriginal area deposit m y bone or shell	deposit bone/shell

Clause 11 (1) (a)—take or place my beehive take/place beehive

1991—No. 27

Clause 11 (1) (b)—dam, divert or pollute the water	dam/divert/pollute
in any river, stream, tank, dam or reservoir	watercourse/water supply
Clause 11 (1) (c)—erect or utilise any building, structure, installation, engineering work, plant, equipment, amusement device, fixture or improvement	erect/use item
Clause 11 (1) (d)—erect any hoarding or notice or display any commercial or political advertising matter, sign, bill or poster	erect/display signage
Clause 11 (1) (e)—interfere with any soil, sand, gravel, clay, rock, ochre, mineral, timber, gum,	interfere with natural

feature

resin, humus or other natural substance or object

Clause 11 (1) (f)—cut, remove, damage or destroy, or have in possession for removal or otherwise cut/remove/damage/destroy

/ possess vegetation

any tree, shrub, fern, creeper, vine, palm, plant, flower, seed, root, herbage, turf or other vegetative cover

Clause 11 (1) (g)—introduce any exotic plant or part of an exotic plant introduce exotic plant/part

exotic plant

Clause 11 (1) (h)—interfere with any relic	interfere with relic
Clause 11 (1) (i)—take any rubbing, latex peel or impression of any relic	take rubbing/peel/

impression of relic

Clause 11 (1) (i)—have in possession any metal detector	possess metal detector
Clause 11 (1) (l)—interfere with or remove any	intedere with/remove
deposit, object or material evidence relating to	evidence of settlement
the settlement or occupation of New South Wales or a part of New South Wales (not being Aboriginal settlement or occupation) where the deposit, object or material evidence is more than 25 years old at the date of interference or removal
Clause 11 (1) (1)—have in possession any firearm or prohibited weapon	possess firearm/prohibited

weapon

1991—No. 27

Clause 11 (1) (m)—have in possession any airgun, possess airgun/speargun/

speargun or other lethal weapon or any explosive	lethal weapon/explosive/
or firework	firework
Clause 11 (1) (m)—throw any object likely to cause damage or injury to any person, animal or	throw object likely to cause

damage/injury

thing

Clause 11 (1) (n)—ride or use a skateboard, roller skates, bicycle or other means of conveyance on use conveyance in

pedestrian area

a pathway or track or trail set apart by the

authority for pedestrian traffic only

Clause 11 (1) (o)—sell or hire or attempt to sell or hire any article, thing or service to any person attempt/sell/hlre

item/service

Clause 11 (1) (p)—conduct any entertainment or instruction for money or other consideration conduct entertainment/

instruction for reward

Clause 11 (1) (q)—compete with or hinder the commercial operations of any person or business compete with/hinder

authorised commercial

possessing a lease, licence, occupancy or	operation
franchise from the Minister or Director
Clause 11 (1) (r)—take any photograph, cine, movie or television film for sale, hire or profit	film for reward
Clause 11 (1) (s)—carry on research work	conduct research
Clause 11 (1) (t)—conduct or take part in any sporting activity that forms part of an organised	conduct/participate sporting

competition

competition or tournament

Clause 11 (1) (u)—organise or attend any concert, public meeting, function or demonstration organise/attend unlawful

assembly

Clause 11 (1) (v)—organise, attend or participate in or cause to be organised any group activity of organise/attend/cause

organisation unlawful

any kind, any manoeuvre whether of a military,	group
naval, aerial nature or otherwise or any course of	activity/manoeuvre/
training or similar activity	training
Clause 11 (1) (w)—engage in any activity or recreational pursuit which involves risking the	behaviour dangerous to

persons

safety of the person or other persons

1991—No. 27

Clause 12 (3)—enter or be within any park or part

of a park which the authority has closed to the
public

enter/be in closed area

Clause 15 (1)—dnver or rider of a vehicle or horse entering with or driving or riding the vehicle or

enter park without paying

fees/contrary to

horse into or through or along any park or any	conditions
public or other road traversing or bounding the park without paying fees or contrary to condtions

Clause 15 (2)—using or embarking or use/embark

disembarking at any wharf or jetty within any	from/disembark at wharf
park without paying fees	without paying fee

Clause 16 (3)—erect, construct, lay down or set up a mooring or marina in the waters without a establish mooring/marina

without licence

licence

Clause 16 (7)—moor a vessel on the water other than at a mooring or marina in respect of which moor vessel without

authority

the person:
(a) is the holder of a licence;
(b) is the hirer from the holder of a licence

which authorises the holder to hire out the

mooring or marina; or

(c)	does so with the consent of the licensee or hirer
Clause 16 (8) (a)—moor at any mooring (not being a mooring forming part of a marina) in the	moor additional vessel to

mooring

waters more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring)

Clause 16 (8) (b)—moor at any mooring (not being a mooring forming part of a marina) in the moor vessel contrary to

licence

waters any vessel in contravention of licence in
respect of the mooring

1991—No. 27

Clause 16 (9) (a)—holder of a licence in respect of a marina in the waters shall not moor or cause or moor/cause/permit moor

additional vessel at

permit to be moored at a mooring forming part	marina
of the marina more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring)

Clause 16 (9) (b) holder of licence in respect of marina in the waters shall not moor or cause or moor/cause/permit moor

vessel at marina contrary

permit to be moored at a mooring forming part	to licence
of the marina any vessel in contravention of licence in respect of the mooring

Clause 16 (10)—person representing that he/she is authorised to moor a vessel or cause or permit a false representation re

mooring

vessel to be moored in the waters when not so

authorised

Clause 25 (2)—person being required to give information to a poundkeeper, make a false provide false information

to poundkeeper

claim as to ownership of an animal, make a false claim as to authorisation by the owner to obtain the release of an animal or give a false name and address

Clause 61 (1) (b)—person refusing or neglecting to comply with any reasonable request or refuse/neglect to cornply

with request

reasonable direction made or given by the Director or the trustees or an officer or employee of the Service or an authorised person, being a request or direction relating to an act or omission by the person within a park

EXPLANATORY NOTE

The object of this Regulation is to amend the National Parks and Wildlife (Short Description of Offences) Regulation 1989 so as to amend the prescribed short descriptions that, by virtue of the Justices Act 1902, are sufficient to state or describe in any information, complaint, summons warrant, notice, order or other document certain summary offences under the National Parks and Wildlife (Land

Management) Regulation 1987.