Land Conservation (Vehicle Control) Regulations 2024 (Vic)
Version No. 002
Land Conservation (Vehicle Control) Regulations 2024
S.R. No. 19/2024
Version incorporating amendments as at
30 June 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Disapplication of regulations 11 to 15 to certain persons
7Disapplication of Regulations to holder of lease, licence, permit or other authority
8Disapplication of Regulations—traditional owner groups
Part 2—Determinations
9Determination setting areas aside
10Display of signs
Part 3—Offences
11Offence in relation to motor vehicles on public land
12Offences in relation to vehicles on public land—damage and obstruction
13Offence to contravene conditions of a set aside determination
14Offences in relation to vehicles in prohibited access areas
Part 4—Power of authorised officers
15Power to direct the movement of vehicles
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Land Conservation (Vehicle Control) Regulations 2024
S.R. No. 19/2024
Version incorporating amendments as at
30 June 2024
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.
3Commencement
These Regulations come into operation on 30 March 2024.
4Revocation
The Land Conservation (Vehicle Control) Interim Regulations 2023[1] are revoked.
5Definitions
In these Regulations—
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
authorised officer means a person appointed as an authorised officer for the purposes of the Act under—
(a)Part 9 of the Conservation, Forests and Lands Act 1987; or
(b)Part 3 of the Victorian Fisheries Authority Act 2016;
duty includes a power or function;
emergency services agency has the same meaning as in section 4(1) of the Emergency Management Act 1986;
Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;
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;
parking area means an area of public land that is—
(a)set aside by a determination under regulation 9(1)(c); or
(b)a parking area within the meaning of the Road Safety Road Rules 2017[2]; or
(c)a parking area established by or under any other Act or regulations;
Parks Victoria has the same meaning as in section 3 of the Parks Victoria Act 2018;
Parks Victoria recorded land has the same meaning as in section 3(1) of the Conservation, Forests and Lands Act 1987;
Phillip Island Nature Park Board of Management Incorporated means the committee of management incorporated by Order in Council dated 3 September 1996 under section 14B(2) of the Crown Land (Reserves) Act 1978 and published in the Government Gazette No. G35 at page 2363 on 5 September 1996;
prohibited access area means an area of public land set aside by a determination under regulation 9(1)(b);
public authority land means land of the type described in paragraph (e) of the definition of public land in section 2 of the Act;
public land manager means the following—
(a)in relation to public land reserved under section 4 of the Crown Land (Reserves) Act 1978 that is managed by a committee of management constituted by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority;
(b)in relation to public land reserved under section 4 of the Crown Land (Reserves) Act 1978 that is managed by a committee of management constituted by Parks Victoria, Parks Victoria;
(c)in relation to public land reserved under section 4 of the Crown Land (Reserves) Act 1978 that is managed by a committee of management constituted by the Phillip Island Nature Park Board of Management Incorporated, the Phillip Island Nature Park Board of Management Incorporated;
(d)in relation to public land that is Parks Victoria recorded land, Parks Victoria;
(e)in relation to public land that is reserved under section 4 of the Crown Land (Reserves) Act 1978 that is managed by a committee of management constituted by the Victorian Fisheries Authority, the Victorian Fisheries Authority;
(f)in relation to public land that is a fisheries reserve within the meaning of the Fisheries Act 1995, the Victorian Fisheries Authority;
(g)in relation to public land that is public authority land, the public authority in which the public authority land is vested;
(h)for all other public land, the Secretary;
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)Division 3 of Part 5 of the Fisheries Act 1995; or
(g)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
(h)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 by a determination under regulation 9(1)(a);
road means a road that is open to the public and that is formed for the passage of motor vehicles having four or more wheels;
Secretary has the same meaning as in the Conservation, Forests and Lands Act 1987;
set aside determination means a determination made under regulation 9;
specified law means—
(a)the Conservation, Forests and Lands Act 1987; or
(b)an Act specified in Schedule 1 or 1A to the Conservation, Forests and Lands Act 1987; or
(c)the Victorian Fisheries Authority Act 2016; or
(d)the Water Act 1989; or
(e)regulations made under an Act referred to in paragraph (a), (b), (c) or (d);
the Act means the Land Conservation (Vehicle Control) Act 1972;
traditional owner group has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;
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.
6Disapplication of regulations 11 to 15 to certain persons
(1)The following persons do not contravene regulation 11, 12, 13, 14 or 15—
(a)any person or body having the management or control of any public land who is acting in the course of their duties;
(b)an employee of a person or body referred to in paragraph (a) acting in the course of the employee's duties;
(c)a contractor, agent, volunteer or other person carrying out any work for or acting on the authority or instruction of a person or body referred to in paragraph (a);
(d)an authorised officer acting in the course of the authorised officer's duties;
(e)a police officer within the meaning of section 3(1) of the Victoria Police Act 2013 acting in the course of the police officer's duties;
(f)a protective services officer within the meaning of section 3(1) of the Victoria Police Act 2013 acting in the course of the protective services officer's duties;
(g)a person employed under Part 3 of the Public Administration Act 2004 acting in the course of the person's duties under a specified law;
(h)a person employed by a public entity within the meaning of the Public Administration Act 2004 acting in the course of the person's duties under a specified law;
(i)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;
(j)any of the following persons acting in the course of their duty—
(i)an officer of an emergency services agency;
(ii)an employee of an emergency services agency;
(iii)a volunteer emergency worker of an emergency services agency;
* * * * *
(2)Subregulation (1)(k) is revoked on 30 June 2024.
7Disapplication of Regulations to holder of lease, licence, permit or other authority
A person may engage in an activity or conduct that is otherwise prohibited by these Regulations if the person is acting in accordance with the terms and conditions of—
(a)a lease, licence, permit or other authority granted under a relevant land Act that authorises the person to engage in that activity or conduct; or
(b)an agreement entered into under a relevant land Act that authorises the person to engage in that activity or conduct.
8Disapplication of Regulations—traditional owner groups
(1)If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in subregulation (2)) that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—
(a)who is bound by the agreement; and
(b)who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.
(2)For the purpose of subregulation (1) the following provisions are specified—
(a)regulation 12(1), (2) and (3);
(b)regulation 13(1) and (2);
(c)regulation 14(1) and (2);
(d)regulation 15(4).
PART 2—DETERMINATIONS
9Determination setting areas aside
(1)Subject to subregulation (3), the Minister may, by determination, set aside an area of land, on the recommendation of the public land manager of that land, to be—
(a)an area to which public access is restricted in the circumstances nominated in the determination; or
(b)an area to which public access is prohibited; or
(c)an area for parking vehicles, if the land is not a road or adjacent to a road.
(2)A set aside determination must—
(a)be in writing; and
(b)identify the area to be set aside; and
(c)be published in the Government Gazette and on the Internet site of the public land manager as soon as practicable after it is made.
(3)The Minister must not make a set aside determination unless the Minister is satisfied that the determination—
(a)addresses any matters concerning public safety; and
(b)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.
(4)A set aside determination may specify—
(a)that it applies for specified days, times or periods; and
(b)that it applies to a specified class of person; and
(c)that it applies to a specified class of vehicle; and
(d)any conditions subject to which the activity specified in the set aside determination must or must not be carried out, including any restrictions or prohibitions on the use or operation of any class of vehicle in that area.
(5)Without limiting subregulation (4), a determination may specify—
(a)the times or periods during which a person may use, operate or park a vehicle; and
(b)the direction of travel of a vehicle; and
(c)the maximum speed of a vehicle.
10Display of signs
(1)As soon as practicable after a set aside determination is made, the public land manager must ensure that a sign informing the public of the determination is displayed at any area that is subject to the determination.
(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 determination applies; and
(b)state any conditions included in the determination.
PART 3—OFFENCES
11Offence in relation to motor vehicles on public land
(1)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 a restricted access area where that class of motor vehicle is permitted.
Penalty:10 penalty units.
(2)An offence against subregulation (1) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
12Offences 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:20 penalty units.
(2)A person must not stop, park or leave a vehicle on public land in a manner that damages that land.
Penalty:20 penalty units.
(3)A person must not stop, park or 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:10 penalty units.
(4)An offence against subregulation (1), (2) or (3) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
13Offence to contravene conditions of a set aside determination
(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 determination in contravention of any conditions of that determination.
Penalty:5 penalty units.
(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 determination in contravention of any conditions of that determination.
Penalty:5 penalty units.
(3)An offence against subregulation (1) or (2) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
14Offences 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 determination applying to that area.
Penalty:10 penalty units.
(2)A person must not leave a vehicle in a prohibited access area in contravention of the determination applying to that area.
Penalty:10 penalty units.
(3)An offence against subregulation (1) or (2) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
PART 4—POWER OF AUTHORISED OFFICERS
15Power to direct the movement of vehicles
(1)An authorised officer may direct the operator of a vehicle to do any of the following—
(a)to move the vehicle from one area of public land to another area;
(b)to park the vehicle on public land where directed;
(c)to remove the vehicle from public land.
(2)In giving a direction under subregulation (1) that requires a vehicle to be moved, the authorised officer may specify the direction and passage in which the operator may move the vehicle and the maximum speed at which the vehicle may be moved.
(3)An authorised officer must not give a direction under subregulation (1) unless the authorised officer considers the direction is reasonably necessary for any of the following purposes—
(a)to prevent a contravention of these Regulations;
(b)to prevent the continuing contravention of these Regulations;
(c)for the safety of any person on public land;
(d)for the care, protection or management of public land.
(4)The operator of a vehicle, as soon as it is safe to do so, must comply with any direction of an authorised officer under subregulation (1).
Penalty:20 penalty units.
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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) Regulations 2024, S.R. No. 19/2024 were made on 26 March 2024 by the Governor in Council under section 3 of the Land Conservation (Vehicle Control) Act 1972, No. 8379/1972 and came into operation on 30 March 2024: regulation 3.
The Land Conservation (Vehicle Control) Regulations 2024 will sunset 10 years after the day of making on 26 March 2034 (see section 5 of the Subordinate Legislation Act 1994).
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
This publication incorporates amendments made to the Land Conservation (Vehicle Control) Regulations 2024 by statutory rules, subordinate instruments and Acts.
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Land Conservation (Vehicle Control) Regulations 2024, S.R. No. 19/2024
Date of Making: 26.3.24 Date of Commencement: Reg. 6(2) on 30.3.24: reg. 3 Note: Reg. 6(2) revoked reg. 6(1)(k) on 30.6.24
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3 Explanatory details
[1] Reg. 4: S.R. No. 6/2023.
[2] Reg. 5 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, 38/2022, 7/2023 and 22/2023.
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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.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31 and for the financial year commencing 1 July 2024 is $197.59. 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.
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