National Parks and Wildlife Act 1974 Regulation relating to vehicles unlawfully using tracks and trails and increasing penalties for offences (1994-302) [GG No 88 of 1.7.1994] (NSW)

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1994—No. 302

NATIONAL PARKS AND WILDLIFE ACT 1974—

REGULATION

(Relating to vehicles unlawfully using tracks and trails and increasing penalties for

offences)

NEW SOUTH WALES

[Published in Gazette No. 88 of I July 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the National Parks and Wildlife Act 1974, has been pleased to make the Regulation set forth hereunder.

Chris Hartcher

Minister for the Environment.

Commencement

1. This Regulation commences on 1 July 1994.

Amendments

2. The National Parks and Wildlife (Land Management) Regulation

1987 is amended:

(a) by inserting after clause 7 (2) the following subclause:

(3) The driver or person in charge of a vehicle contravenes this clause if, without the consent of the authority, the vehicle enters or is driven, stands or is parked on any part of a track or trail within a park:

(a)

while the use by vehicles of that part of the track or trail is prohibited by a sign exhibited by the authority in the vicinity of the track or trail; or

(b)

while access by vehicles to that part of the track or trail is obstructed by a gate that has been locked or a barrier that has been placed in position by or with the consent of the authority.

1994—No. 302

(b)

by omitting from clause 61 (2) (a) the matter “$500” and by inserting instead the matter “$1,000”.

EXPLANATORY NOTE

The objects of this Regulation are:

(a)

to create a specific offence if a vehicle enters or is driven, stands or is parked on a track or trail within a national park, historic site, state recreation area, nature reserve, state game reserve or Aboriginal area contrary to a sign, or while the track or trail is closed to vehicles by the use of locked gates or barriers; and

(b)

to increase the maximum penalty for a breach of the National Parks and Wildlife (Land Management) Regulation 1987 from $500 to $1,000.

This Regulation is made under Part 13 of the National Parks and Wildlife Act 1974,

including sections 155 (2) (q) and 156 (1) in that Part.

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