Land Conservation (Vehicle Control) Interim Regulations 2023 (Vic)
Version No. 001
Land Conservation (Vehicle Control) Interim Regulations 2023
S.R. No. 6/2023
Version as at
31 January 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Revocation
4Definitions
5Disapplication of regulations—certain persons acting in the course of duties
Part 2—Declarations
6Declarations setting areas aside
7Ministerial consent
8Display of signs
9Declaring off-road access areas
10Declaring restricted access areas
11Declaring prohibited access areas
12Declaring parking areas
Part 3—Offences
13Offence in relation to motor vehicles on public land
14Offences in relation to vehicles on public land—damage and obstruction
15Offence to contravene conditions of a set aside declaration
16Offences in relation to vehicles in prohibited access areas
Part 4—Revocation of these Regulations
17Revocation of these Regulations
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Land Conservation (Vehicle Control) Interim Regulations 2023
S.R. No. 6/2023
Version as at
31 January 2023
Part 1—Preliminary
1Objective
The objective of these Regulations is to regulate the use of vehicles on public land.
2Authorising provision
These Regulations are made under section 3 of the Land Conservation (Vehicle Control) Act 1972.
3Revocation
The Land Conservation (Vehicle Control) Amendment Regulations 2015[1] are revoked.
4Definitions
In these Regulations—
authorised officer has the same meaning as in section 3(1) of the Conservation, Forests and Lands Act 1987;
duty includes a power or function;
motor vehicle has the same meaning as in section 3(1) of the Road Safety Act 1986;
motorised wheelchair means a wheelchair propelled by a motor that—
(a)is capable of a speed of not more than 10 kilometres per hour; and
(b)is designed solely for the conveyance of a person with mobility difficulties;
off-road access area means any area of public land to which a declaration under regulation 9 applies;
parking area means any of the following—
(a)an area of public land that is a parking area within the meaning of the Road Safety Road Rules 2017[2];
(b)an area of public land set aside to be a parking area by a determination under regulation 12;
(c)an area of public land that is otherwise lawfully designated as a parking area under any other Act or regulations;
prohibited access area means an area of public land set aside to be a prohibited access area by a declaration under regulation 11;
public authority land means land of the type described in paragraph (e) of the definition of public land in section 2 of the Act;
relevant land Act means—
(a)the Crown Land (Reserves) Act 1978; or
(b)the Forests Act 1958; or
(c)the Land Act 1958; or
(d)the National Parks Act 1975; or
(e)Parts II and IIA of the Wildlife Act 1975; or
(f)any other Act that provides for the use, management or control of particular land, or a particular class of land, reserved under the Crown Land (Reserves) Act 1978; or
(g)any other Act under which a lease, licence or other authority may be granted, issued or given in respect of—
(i)public authority land; or
(ii)particular land, or a particular class of land, reserved under the Crown Land (Reserves) Act 1978;
restricted access area means an area of public land set aside to be a restricted access area by a declaration under regulation 10;
road means a road open to the public formed for the passage of motor vehicles having 4 or more wheels;
set aside declaration means a declaration made under any of the following regulations—
(a)regulation 9;
(b)regulation 10;
(c)regulation 11;
(d)regulation 12;
the Act means the Land Conservation (Vehicle Control) Act 1972;
vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not the vehicle is capable of being propelled or drawn, and includes a motor vehicle, bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include any of the following—
(a)a railway locomotive or railway rolling stock;
(b)an aircraft;
(c)a wheelchair or other device designed solely for the conveyance of a person with mobility difficulties;
(d)a motorised wheelchair;
(e)a pram, stroller or other non-motorised device designed or used for the conveyance of children.
5Disapplication of regulations—certain persons acting in the course of duties
Regulations 13, 14, 15 and 16 do not apply to the following persons—
(a)any person or body having the management or control of any public land or an employee of that person or body acting in the course of the employee's duties;
(b)a contractor, agent, volunteer or other person carrying out any work for or acting on the authority or instruction of—
(i)any person or body having the management or control of any public land; or
(ii)a statutory authority;
(c)an authorised officer acting in the course of the authorised officer's duties;
(d)a police officer or protective services officer within the meaning of section 3(1) of the Victoria Police Act 2013 acting in the course of the police officer's or protective service officer's (as the case may be) duties;
(e)a person employed under Part 3 of the Public Administration Act 2004 acting in the course of the person's duties;
(f)a person employed by a public entity within the meaning of section 4(1) of the Public Administration Act 2004 acting in the course of the person's duties;
(g)an operational staff member within the meaning of section 3(1) of the Ambulance Services Act 1986 acting in the course of the operational staff member's duties;
(h)an officer, employee or volunteer emergency worker of an emergency services agency acting in the course of the officer's, employee's or volunteer emergency worker's (as the case may be) duties;
(i)a person undertaking timber harvesting operations in accordance with section 45(2)(a), (b) or (c) of the Sustainable Forests (Timber) Act 2004;
(j)a person acting in accordance with a lease, licence or other authority granted, issued or given under a relevant land Act.
Part 2—Declarations
6Declarations setting areas aside
(1)A person having management or control of public land must not make a set aside declaration unless it is satisfied that the declaration—
(a)is in the public interest; and
(b)addresses any matters concerning public safety; and
(c)is appropriate based on the nature of the land, having regard to the vehicles, or any class of vehicles, or activities to be undertaken on it.
(2)A set aside declaration must—
(a)be in writing; and
(b)specify that it applies to the whole or a specified area of public land.
(3)A set aside declaration may specify—
(a)that it applies for specified days, times or periods; and
(b)that it applies to a class of person or vehicle; and
(c)any conditions subject to which the activity specified in the set aside declaration must or must not be carried out, including any restrictions or prohibitions on the use of any class of vehicle in that area.
(4)Without limiting subregulation (3), a set aside declaration may specify—
(a)the times or periods during which a person may drive or park a vehicle; and
(b)the direction of travel of a vehicle; and
(c)the maximum speed of a vehicle.
(5)As soon as practicable after a set aside declaration is made it must be published—
(a)in the Government Gazette; and
(b)on the Internet site of the person having management or control of public land.
7Ministerial consent
(1)A person having management or control of public land must not make a set aside declaration under these Regulations unless the Minister has given written consent to the making of the declaration.
(2)The Minister must not give written consent under subregulation (1) unless the Minister is satisfied that the set aside declaration—
(a)is in the public interest; and
(b)addresses any matters concerning public safety; and
(c)is appropriate based on the nature of the land, having regard to the vehicles, or any class of vehicles, or activities to be undertaken on it.
8Display of signs
(1)As soon as practicable after making a set aside declaration, the person having management or control of public land must ensure that a sign informing the public of the declaration is displayed at any area subject to the declaration.
(2)A sign required under subregulation (1) must—
(a)be displayed in a place and manner that is likely to be seen by any person to which the declaration applies; and
(b)state any conditions included in the declaration.
Note
The Road Safety (Traffic Management) Regulations 2019[3] apply if a sign or notice is also a traffic control device within the meaning of those Regulations.
9Declaring off-road access areas
Subject to regulation 7, a person having management or control of public land may declare an area of that public land to be an off-road access area.
10Declaring restricted access areas
Subject to regulation 7, a person having management or control of public land may declare an area of that public land to be a restricted access area.
11Declaring prohibited access areas
Subject to regulation 7, a person having management or control of public land may declare an area of that public land to be a prohibited access area.
12Declaring parking areas
Subject to regulation 7, a person having management or control of public land may declare an area of that public land to be a parking area.
Part 3—Offences
13Offence in relation to motor vehicles on public land
A person must not 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.
Penalty:$500.
14Offences in relation to vehicles on public land—damage and obstruction
(1)A person must not use or operate a vehicle on public land in a manner that damages that land.
Penalty:$500.
(2)A person must not leave a vehicle on public land in a manner that damages that land.
Penalty:$500.
(3)A person must not leave a vehicle on public land if the vehicle obstructs any vehicle or person from entering or leaving a road or a parking area.
Penalty:$500.
15Offence to contravene conditions of a set aside declaration
(1)A person must not use or operate a vehicle that is of a class of vehicle permitted to be in an area of public land specified in a set aside declaration in contravention of any conditions of that declaration.
Penalty:$500.
(2)A person must not leave a vehicle that is of a class of vehicle permitted to be in an area of public land specified in a set aside declaration in contravention of any conditions of that declaration.
Penalty:$500.
16Offences in relation to vehicles in prohibited access areas
(1)A person must not use or operate a vehicle in a prohibited access area in contravention of the declaration applying to that area.
Penalty:$500.
(2)A person must not leave a vehicle in a prohibited access area in contravention of the declaration applying to that area.
Penalty:$500.
Part 4—Revocation of these Regulations
17Revocation of these Regulations
These Regulations are revoked on 31 March 2024.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Land Conservation (Vehicle Control) Interim Regulations 2023, S.R. No. 6/2023 were made on 31 January 2023 by the Governor in Council under section 3 of the Land Conservation (Vehicle Control) Act 1972, No. 8379/1972 and came into operation on 31 January 2023.
The Land Conservation (Vehicle Control) Interim Regulations 2023 will be revoked on 31 March 2024: see regulation 17.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Land Conservation (Vehicle Control) Interim Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 3: S.R. No. 123/2015.
[2] Reg. 4 def. of parking area: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021, 111/2021, 135/2021, 30/2022 and 38/2022.
[3] Reg. 8: S.R. No. 93/2019 as amended by S.R. Nos 172/2019 and 123/2020.
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