National Parks Amendment (Safety) Regulations 2020 (Vic)

National Parks Amendment (Safety) Regulations 2020

S.R. No. 137/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5New regulation 15A inserted

6Directions to leave closed park

7Offence to disobey park closure

8Areas where access is prohibited or restricted

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Endnotes

STATUTORY RULES 2020

S.R. No. 137/2020

National Parks Act 1975

National Parks Amendment (Safety) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 15 December 2020

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the National Parks Regulations 2013—

(a)to provide for the temporary closure of a park by determination to prevent or mitigate the risk of transmission of COVID-19 or any other infectious disease; and

(b)to provide for additional conditions to be imposed on activities or the conduct of persons in set aside areas in parks; and

(c)to provide for enforcement of a temporary closure of a park to prevent or mitigate the risk of transmission of COVID-19 or any other infectious disease.

2Authorising provision

These Regulations are made under section 48 of the National Parks Act 1975.

3Principal Regulations

In these Regulations, the National Parks Regulations 2013[1] are called the Principal Regulations.

4Definitions

In regulation 5(1) of the Principal Regulations insert the following definitions—

"Chief Health Officer has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;

infectious disease has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;".

5New regulation 15A inserted

After regulation 15 of the Principal Regulations insert—

"15A   Temporary closure of a park due to COVID-19 or other infectious disease

(1)Parks Victoria by determination may temporarily close a park to the public for the purposes of preventing or mitigating the risk of transmission of COVID-19 or any other infectious disease to persons in a park.

(2) In making a determination under subregulation (1), Parks Victoria must have regard to—

(a)any direction of an authorised officer under section 190 or 200 of the Public Health and Wellbeing Act 2008 that Parks Victoria considers relevant relating to COVID-19 or any other infectious disease; and

(b)any recommendation made by, or current advice of, the Chief Health Officer or the Department of Health and Human Services that Parks Victoria considers relevant relating to COVID-19 or any other infectious disease; and

(c)any other matters Parks Victoria considers relevant.

(3)Parks Victoria must, as soon as practicable after making a determination under subregulation (1)—

(a)publish notice of the determination on the website; and

(b)as far as practicable, display signs or notices setting out details of the determination in such a place and manner that the signs or notices are reasonably likely to be seen by persons entering the park.

(4)A determination made under subregulation (1) remains in force for 14 days after it is made, unless revoked earlier by Parks Victoria under subregulation (5).

(5)If Parks Victoria considers the risk, or likely risk, that led to the determination being made under subregulation (1) no longer applies to the park specified in the determination, Parks Victoria must revoke the determination.

(6)Parks Victoria must, as soon as practicable after a determination has been revoked under subregulation (5)—

(a)publish notice of the revocation on the website; and

(b)remove the signs or notices referred to in subregulation (3)(b).".

6Directions to leave closed park

In regulation 16 of the Principal Regulations, after "regulation 15" insert "or 15A".

7Offence to disobey park closure

In regulation 17 of the Principal Regulations, after "regulation 15" insert "or 15A".

8Areas where access is prohibited or restricted

After regulation 20(2) of the Principal Regulations insert—

"(3)Without limiting regulation 10(1), a determination under subregulation (1) may specify—

(a)that it applies to the whole of a park or a specified area of a park; and

(b)that it applies on specified days, or for specified times or periods; and

(c)that it applies to a specified class of vehicle, vessel or aircraft; and

(d)in the case of a determination under subregulation (1)(b), the maximum number of persons who may enter the area subject to the determination; and

(e)in the case of a determination under subregulation (1)(b), the activities that may be undertaken by persons who may access the area of the park subject to the determination.".

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Endnotes

[1] Reg. 3: S.R. No. 115/2013 as amended by S.R. Nos 18/2015, 16/2017, 125/2018 and 8/2020.