National Parks and Wildlife Regulation 2019 (NSW)
This Regulation is the National Parks and Wildlife Regulation 2019.
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.
This Regulation replaces the National Parks and Wildlife Regulation 2009, which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
(a) any solid or liquid domestic or commercial refuse, debris or rubbish deposited in or on a place, and includes any glass, metal, cigarette butts, paper, fabric, wood, food, construction or demolition material, garden remnants and clippings, soil, sand or rocks, and
(b) any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place.
(a) the Act,
(b) Biodiversity Conservation Act 2016,
(c) Wilderness Act 1987,
(d) Marine Estate Management Act 2014.
(a) when used as a noun, means a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or any land acquired by the Minister under Part 11 of the Act, and includes all roads and waters within the boundaries of any such park, site, area, reserve or land, and
(b) when used as a verb, means to park a vehicle or to cause or allow a vehicle to park, stand or wait.
(a) in relation to a state conservation area for which a trust has the care, control and management of the area—
(i) when used in connection with the imposition or waiver of fees and charges—the Minister, or
(ii) when used in connection with other circumstances—the trust,
(b) in relation to a regional park for which a trust or local council has the care, control and management of the park—
(i) when used in connection with the imposition or waiver of fees and charges—the Minister, or
(ii) when used in connection with other circumstances—the trust or local council,
(c) in relation to a state conservation area or a regional park for which there is no trust or local council with the care, control and management of the park—the Secretary,
(d) in relation to the Jenolan Caves Visitor Use and Services Zone for the relevant period (within the meaning of Part 6 of Schedule 3 to the Act)—the administrator appointed by the Minister under clause 58 of that Schedule,
(e) in relation to a national park, historic site, nature reserve, karst conservation reserve (other than a karst conservation reserve to which paragraph (d) applies), Aboriginal area or any land acquired by the Minister under Part 11 of the Act—the Secretary,
(f) in relation to each area of land reserved under Part 4A of the Act—
(i) until such time as a board of management is established, in accordance with Division 6 of Part 4A, for the area—the Secretary, and
(ii) on and from the establishment of the board of management—the board of management.
(a) the trustees of the area or regional park appointed under the Act, or
(b) a person appointed as administrator of the area or regional park under the Act, or
(c) if there are no trustees and no administrator of the area or regional park, the Secretary.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
This clause prescribes some circumstances in which consent to the carrying out of activity on land may occur for the purposes of this Regulation.
A filming approval granted under the Filming Approval Act 2004 to carry out a filming activity within the meaning of that Act on land reserved or dedicated under the Act is taken to constitute consent to the carrying out of that activity on land by the park authority for the land in accordance with the conditions of the approval.
Subject to subclause (4), a lease or licence granted under Part 11 or 12 of the Act that authorises a person to carry out an activity in a park (whether granted by the park authority concerned or some other person) is taken to constitute consent to the carrying out of that activity on the land by the park authority for the park in accordance with the conditions of the lease or licence.
Subclause (3) does not apply to a lease or licence granted under Part 12 of the Act in relation to the following places—
(a) any state conservation area for which a trust is the park authority,
(b) any regional park for which a trust or local council is the park authority,
(c) the Jenolan Caves Visitor Use and Services Zone for the relevant period within the meaning of Part 6 of Schedule 3 to the Act (being the period during which the administrator appointed by the Minister under clause 58 of that Schedule is the trust authority),
(d) any area of land reserved under Part 4A of the Act for which a board of management is established in accordance with Division 6 of Part 4A.
However, if before the grant of the lease or licence under Part 12 of the Act in relation to the places referred to in subclause (4), the relevant park authority, administrator or board of management has concurred in the grant, the lease or licence is taken to constitute consent to the carrying out of that activity on the land by the park authority for the park in accordance with the conditions of the lease or licence.
An act carried out in accordance with the Code of Practice for Archaeological
Investigation of Aboriginal Objects in New South Wales as published by the Department of Environment, Climate Change and Water in the Gazette on 24 September 2010 is excluded from the definition of
A park authority may do any of the following by means of notices displayed in, or at the boundary of, the park or part of the park to which the notices relate or by means of written notices given to park users—
(a) designate points of entry to the park,
(b) close the park, or any part of the park, to the public,
(c) reserve the park, or any part of the park, for a particular use or for the use of particular persons or bodies or a particular sector of the public,
(d) impose fees and charges on persons—
(i) entering or using the park or a part of the park, other than by motor vehicle, or
(ii) using facilities in the park, or
(iii) driving animals who enter or use a public road or other road traversing the park,
(d1) impose conditions relating to the payment of fees or charges imposed under paragraph (d),
(d2) impose conditions on persons entering or using the park, a part of the park or facilities in the park,
(e) regulate or prohibit the use of any facilities in the park or the carrying out of activities (including driving, stopping or parking vehicles, driving animals or operating or mooring vessels) in the park,
(f) grant any consent that is required by this Regulation in relation to the use of the park,
(g), (h) (Repealed)
(i) prohibit the collection of deadfalls of timber in the park.
A park authority may close a park, or part of a park, by publishing a public notice on a website maintained by the Service.
If a park authority publishes a notice under subclause (1A), the authority must, as soon as practicable, display a notice about the closure in, or at the boundary of, the park or part of the park to which the notice relates.
A person must not—
(a) enter any park or part of a park that is closed to the public in accordance with this clause, or
(b) remain, or leave a vehicle parked, in any park or part of a park after the time that it is closed to the public in accordance with this clause, or
(c) enter any park or part of a park that is reserved for the use of particular persons or bodies or for a particular sector of the public in accordance with this clause unless the person is a person, or belongs to a body or sector of the public, for whose use it is reserved, or
(d) use any park or part of a park for a use other than that for which it is reserved, or
(e) enter or use any park or part of a park or any public or other road traversing a park without paying any fee or charge that is imposed in that regard in accordance with this clause, or
(f) use any facilities in a park or carry out any activity (including driving an animal) in a park in contravention of the terms of a notice under this clause, or
(g) enter or use any park, any part of a park, any facilities in a park or any public or other road traversing a park otherwise than in accordance with any conditions imposed in accordance with this clause, or
(h) collect deadfalls of timber in a park in contravention of the terms of a notice under this clause.
Maximum penalty—30 penalty units.
Subclause (2)(a) applies whether or not a notice has been displayed in accordance with subclause (1B).
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A park authority may waive payment by any person or class of persons of any fee or charge imposed under this clause.
A park authority may issue an oral direction to a park user in relation to any of the following—
(a) points of entry to the park to be used by the park user,
(b) the closing of the park, or any part of the park, to the park user,
(c) reserving the park, or any part of the park, for a particular use or for the use of particular persons or bodies or a particular sector of the public,
(d) the regulation or prohibition of the use of any facilities in the park or the carrying out of activities (including driving vehicles or animals) in the park,
(e) the granting of any consent that is required by this Regulation in relation to the use of the park,
(f) the imposition of conditions, including conditions relating to the payment of fees or charges, on the park user (whether on foot or driving vehicles or animals) entering or using the park, any part of the park or any facilities in the park,
(g) the regulation or prohibition of the collection of deadfalls of timber in the park.
A park user to whom such a direction is given must comply with the direction.
Maximum penalty—30 penalty units.
A designated officer may direct a person to leave a park or any part of a park if, in the reasonable opinion of the designated officer, the person—
(a) is trespassing, or
(b) is causing a nuisance or inconvenience to any other person in the park, or
(c) has contravened, or is about to contravene, the Act or this regulation.
In giving a direction, the designated officer must specify—
(a) the period within which the person must leave the area to which the direction relates, and
(b) the period, not exceeding 28 days, during which the person must not return to the park, or part of the park.
A direction may be given orally to the person or by written notice served on the person.
A direction given under subclause (1) may provide that a person must not enter one or more nearby parks during the period specified under subclause (2)(b) if the designated officer is satisfied it is necessary for one or more of the following reasons—
(a) to protect the public or national parks officers,
(b) to protect the environment,
(c) to prevent damage to a park, or part of a park,
(d) to prevent interference with the care, control and management of a park.
In specifying a period under subclause (2)(b), the designated officer must consider the seriousness and persistence of the person’s conduct.
A designated officer may, by written notice served on the person to whom a direction was given under this clause, vary or revoke the direction.
A variation of a direction under subclause (5A) may not specify a period during which a person must not return to the specified area exceeding 28 days from the date on which the direction under subclause (1) was given.
If a person fails to comply with a direction given under this clause, a designated officer may remove the person from a specified area and remove things belonging to or associated with the person, including equipment or a vehicle.
A person to whom a direction is given under this clause must remove from a specified area things belonging to or associated with the person, including equipment or a vehicle.
Maximum penalty—50 penalty units.
A person must not remain on, enter or return to a specified area in contravention of a direction given under this clause.
Maximum penalty—50 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a designated officer and in accordance with any conditions to which that consent is subject.
In this clause—
(a) a national parks officer, or
(b) a person who is authorised by the park authority to exercise the powers conferred by this clause, or
(c) a police officer.
This clause applies if a direction has been given under clause 8.
The Secretary may, by written notice served on the person to whom the direction was given, do one or more of the following—
(a) revoke the direction,
(b) give a further direction,
(c) vary or revoke a direction given under paragraph (b).
The Secretary may give or vary a direction under this clause if satisfied it is necessary for one or more of the following reasons—
(a) to protect the public or national parks officers,
(b) to protect the environment,
(c) to prevent damage to a park, or part of a park,
(d) to prevent interference with the care, control and management of a park.
Clause 8(2), (4) and (5) apply to a direction given or varied by the Secretary under this clause in the same way they apply to a direction given by a designated officer under clause 8.
A direction given under this clause may apply for a period exceeding 28 days.
If the Secretary gives or varies a direction under this clause—
(a) a designated officer may exercise the powers referred to in clause 8(5C) in relation to the direction, and
(b) clause 8(5D)–(5F) apply in relation to the direction.
In this clause—
A person must not drive a vehicle into a park otherwise than on a road leading into or traversing the park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not do any of the following in a park—
(a) operate, drive or use a vehicle other than a permitted vehicle,
(b) operate, drive, use or have within the person’s possession an oversnow vehicle,
(c) operate, drive, park or use a permitted vehicle that is a motor vehicle unless the vehicle is registered,
(d) drive or park a registered vehicle if that vehicle—
(i) (Repealed)
(ii) is required to display a valid registration label but does not display that label, or
(iii) has no number-plate or registration plate, or
(iv) has its number-plate or registration plate covered or obscured, or
(v) has a false or incorrect number-plate or registration plate, or
(vi) has a number-plate or registration plate that has been changed or altered,
(e) drive a vehicle or animal, or tether an animal, otherwise than on a road, track, trail or way, or in an area, set aside for that purpose,
(f) drive a vehicle or animal in a dangerous or reckless manner,
(g) park a vehicle otherwise than in an area set aside for parking vehicles,
(g1) park a vehicle on a length of road to which a no parking sign applies,
(g2) park a vehicle continuously on a length of road, or in an area, to which a permissive parking sign applies for longer than the period indicated by information on or with the sign,
(g3) park a vehicle in an area set aside for parking vehicles otherwise than in accordance with a condition relating to the parking of a vehicle in that area indicated by information on or with a sign in the area,
(g4) stop on a length of road, or in an area, to which a no stopping sign applies,
(h) park a vehicle in a parking area set aside for persons with disabilities unless the person’s vehicle displays a valid mobility parking scheme authority and the person complies with the conditions of that authority,
(i) operate or use a vessel on any waters on which the operation or use of such a vessel is prohibited,
(j) operate or use a vessel in such a manner as to endanger the safety of other users of the park,
(k) operate or use a vessel in a commercial operation,
(l) tie a vessel by any means to any vegetation,
(m) moor a vessel otherwise than in an area set aside for the mooring of vessels,
(n) operate or use any heavy or noisy machinery,
(o) park a vehicle in a way so as to obstruct the use of a road, track or trail by any other vehicle, or endanger the safety of other park users,
(p) park a vehicle in a way that damages or destroys vegetation, an object or place of cultural value or another thing in or on the land, including a building, structure, pipe, sign, gate or fence.
Maximum penalty—30 penalty units.
Subclause (1)(c) does not apply to—
(a) a motor vehicle referred to in the Road Transport (Vehicle Registration) Regulation 2017, Schedule 1, clause 15 or 16, or
Note— These clauses relate to certain electric bicycles and to vehicles used by certain persons with a disability.
(b) a motor vehicle driven or parked in the Worimi Conservation Lands that is registered under the Recreation Vehicles Act 1983.
A person must not drive or park a vehicle on a road, track, trail or way or in an area in a park if—
(a) a gate, barrier or similar device is positioned, or an obstruction has been created by any means, in such a way as to restrict or obstruct vehicular access to the road, track, trail, way or area, or
(b) vehicular access to a road, track, trail, way or area is restricted or obstructed in any other way.
Maximum penalty—30 penalty units.
A designated officer may cause a vehicle to be towed or otherwise removed from a park or any part of a park if, in the opinion of the designated officer—
(a) the vehicle is parked in a dangerous manner or in a dangerous location, and
(b) it is not practicable to locate and issue the owner or driver of the vehicle with an oral direction under clause 7.
A person must not drive a vehicle so as to cause damage to any road, track, trail, way or area in a park if vehicular access to the road, track, trail, way or area has been prohibited or restricted by the park authority in any way.
Maximum penalty—30 penalty units.
A person must not—
(a) open any gate, barrier or similar device in a park, or
(b) remove, shift, damage or destroy any gate or barrier or similar device in a park, or any obstruction that has been positioned or created, by any means, so as to restrict or obstruct vehicular access to any road, track, trail, way or area in a park.
Maximum penalty—30 penalty units.
A person does not—
(a) commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) commit an offence under subclause (1)(g) if the person has parked the vehicle—
(i) in accordance with the requirements of a written notice displayed at the area where the person is parked or at the park entry, or
(ii) in accordance with an oral direction given to the person by a designated officer, or
(iii) if no notice is displayed or direction given—in a way that does not contravene subclause (1)(o) and (p).
(c) (Repealed)
In this clause—
(a) a national parks officer, or
(b) a person who is authorised by the park authority to exercise the powers conferred by this clause, or
(c) a police officer.
(a) under the Road Transport Act 2013, or
(b) by a competent authority of another jurisdiction.
(a) a motor car,
(b) a bus,
(c) a truck,
(d) a motor cycle,
(e) a motor scooter,
(f) a disability assistance aid,
(g) a bicycle,
(h) a wheeled recreational device.
(a) under the Recreation Vehicles Act 1983, or
(b) by a competent authority of another jurisdiction.
(a) Worimi National Park,
(b) Worimi Regional Park,
(c) Worimi State Conservation Area.
In this Division—
The Secretary may, from time to time, determine fees or charges payable for entry by persons by motor vehicle to a park.
A determination of a fee or charge may—
(a) specify a corresponding time and date by which (the
applicable time and date ), or a period of time within which (theapplicable period of time ), a person entering the park by motor vehicle must ensure the motor vehicle by which the person entered the park is removed from the park, and(b) impose conditions relating to the payment of fees or charges.
A copy of a determination made under this clause must be published on the website of the Department as soon as possible after the determination is made.
It is a condition of entry to a park by motor vehicle by a person who has entered the park after paying a fee or charge determined under clause 10B(2)(a) that the person must ensure the motor vehicle is removed from the park by the applicable time and date or before the expiry of the applicable period of time.
The Secretary may, from time to time, make a determination imposing other conditions of entry on persons entering a park by motor vehicle.
The Secretary is to ensure that the fees or charges determined under clause 10B are displayed in a public notice erected at or adjacent to each entrance to the park to which the fees or charges relate.
On payment of the fee or charge determined under clause 10B, a person is to be issued with a receipt, ticket or pass to show that the fee or charge for entry to the park has been paid.
The receipt, ticket or pass may be issued in an electronic form.
A person must not enter a park by motor vehicle without paying the fee or charge determined under clause 10B for the entry.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause if another person in the motor vehicle has paid the required fee or charge.
A park authority may, in a particular case, waive payment of a required fee or charge.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with conditions to which the consent is subject.
A person who has entered a park after paying a fee or charge determined under clause 10B(2)(a) must not park a motor vehicle in the park after the applicable time and date or after the expiry of the applicable period of time.
Maximum penalty—30 penalty units.
Clause 3 provides that, when used as a verb,
A person must not fail to comply with a condition of entry determined under clause 10C(2).
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with conditions to which the consent is subject.
The Secretary may, from time to time, determine to waive, in whole or part, the requirement for a person or a class of persons to pay a fee or charge determined under clause 10B (
A waiver determination may specify different categories of waiver.
(Repealed)
A person may apply to the Secretary for a
A waiver pass may be issued—
(a) subject to conditions determined by the Secretary and notified in writing to the person to whom the waiver pass is issued, and
(b) in electronic or hard copy form.
A waiver pass must specify 1 or more motor vehicles that are subject to the pass.
The Secretary may vary or revoke a waiver pass at any time by written notice given to the person to whom the waiver pass has been issued.
To avoid doubt, a person who enters a park by motor vehicle does not commit an offence under clause 10F(1)—
(a) if the driver or a passenger in the motor vehicle is the subject of a waiver determination, or
(b) if—
(i) the driver or a passenger in the motor vehicle and the motor vehicle are the subject of a valid waiver pass, and
(ii) the entry is in accordance with all conditions applying to the waiver pass.
A person who parks a motor vehicle in a park must ensure the motor vehicle clearly displays a valid receipt, ticket or pass to show that the fee or charge determined under clause 10B for entry to the park has been paid, unless—
(a) the receipt, ticket or pass was issued in an electronic form, or
(b) the motor vehicle clearly displays a receipt, ticket or pass to show that a park authority has waived payment of a required fee or charge under clause 10F(3), or
(c) the driver or a passenger in the motor vehicle is the subject of a waiver determination and the motor vehicle clearly displays a receipt, ticket or pass issued by the park authority to show that the motor vehicle was permitted to enter the park on that basis, or
(d) the driver or a passenger in the motor vehicle and the motor vehicle are the subject of a valid waiver pass issued in an electronic form, or
(e) the driver or a passenger in the motor vehicle and the motor vehicle are the subject of a valid waiver pass issued in hard copy form and the motor vehicle clearly displays the waiver pass.
Maximum penalty—30 penalty units.
Clause 3 provides that, when used as a verb,
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with conditions to which the consent is subject.
A person must not—
(a) take into or release an animal in a park or onto any public or other road traversing a park, or
(b) place or keep an animal in a park or on any public or other road traversing a park, or
(c) have charge, possession or control of an animal in a park or on any public or other road traversing a park, or
(d) fail to prevent an animal of which the person has charge, possession or control from entering a park or entering onto any public or other road traversing a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause—
(a) if the animal is an assistance animal, or
(b) if a person takes an animal into a park or onto any public or other road traversing a park, in accordance with and subject to any conditions stated in a plan of management for a park, unless a notice erected in the park or given to the person prohibits the taking of animals into the park or any part of the park to which the plan relates, or
(c) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
This clause does not prevent a park authority for a regional park from prohibiting the matters referred to in subclause (1) by means of notices displayed in accordance with this Regulation.
In this clause—
A person must not camp in a park except in an area set aside for camping.
Maximum penalty—30 penalty units.
A person must not camp in a park—
(a) for a continuous period of more than 21 days, or
(b) if a different maximum number of days is set out in a notice erected in the park or given to the person—for more than the maximum number of days set out in the notice, or
(c) if a different maximum number of days is set out in a plan of management for the park but not in any notice erected in the park or given to the person—for more than the maximum number of days for camping in the park set out in the plan.
Maximum penalty—30 penalty units.
A person must not permanently reside in a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause—
(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) where a plan of management for a park makes provision for camping otherwise than by setting aside an area for camping—if the person camps in the park in accordance with the plan, or
(c) where there is no plan of management for the park—if the person camps in a non-designated camping area if that area is more than 1 kilometre from any designated camping area, car parking area or picnic area or from a road, track or trail designated for vehicular use by the public.
Despite subclause (4)(b) and (c), a person must not camp in a park (or a part of a park) if a notice erected in the park or given to the person prohibits camping in the park (or the part of the park).
Maximum penalty—30 penalty units.
In this clause—
A person must not—
(a) deposit or leave any litter in a park except in an area or receptacle provided by the park authority for that purpose, or
(b) if no area or receptacle for litter is provided by the park authority—fail to remove from the park all litter taken into or created by the person in the park, or
(c) deposit or leave any waste in a park, or
(c1) deposit or leave asbestos waste, within the meaning of the Protection of the Environment Operations Act 1997, in a park, or
(d) deposit, discharge or leave in a park any offal, filth, dung or dead animal or any noisome, noxious, offensive or polluting substance, matter or thing, or
(e) wilfully break any article of glass, china, pottery or plastic in a park, or
(f) write or paint or otherwise mark or affix any bill, notice or advertisement on or to, or deface by painting, carving, scratching or any other means, or damage, destroy, remove or interfere with, any fixture, improvement, rock, tree, equipment, water supply or Aboriginal object in a park, or
(g) deposit, leave or abandon a vehicle or part of a vehicle in a park, or
(h) carry or possess, interfere with, dig up, cut up, collect or remove for any purpose any soil, sand, gravel, fossil, clay, rock, ochre, mineral, timber (whether or not consisting of or including dead timber), gum resin, humus or other natural substance or object in a park, whether on land or on or under water, or
(i) dam, divert or pollute the water in any waters or water tank in a park, or
(j) carry, possess or use any spray cans of paint, or any boltcutters, oxy-acetylene equipment, angle grinder or other cutting equipment in a park, or
(k) possess or have custody of any key or other similar device that is capable of opening any lock or other device securing a gate or barricade located in a park, or
(l) discharge stormwater into a park.
Maximum penalty—50 penalty units.
A person does not commit an offence under this clause—
(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of—
(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or
(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979, or
(iii) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
(iv) State significant infrastructure approved under Division 5.2 of Part 5 of the Environmental Planning and Assessment Act 1979, or
(c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the Snowy Hydro Corporatisation Act 1997, or
(d) if the act or omission was authorised by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.
A person does not commit an offence under subclause (1)(h) if the substance or object referred to in that paragraph—
(a) was obtained by the person from a person authorised to sell such substances or objects or from an area outside a park, or
(b) is firewood—
(i) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or
(ii) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park.
Subclause (3)(b)(ii) does not permit a person to collect deadfalls of timber for firewood in contravention of a notice (as referred to in clause 6) or an oral direction (as referred to in clause 7).
A person does not commit an offence under subclause (1)(j) or (k) merely because the person carries or possesses any object referred to in that subclause on a road traversing a park if the person does not stop in the park.
For the purposes of subclause (1)(c),
(a) rubbish and refuse,
(b) marine craft, aircraft and parts of them,
(c) household effects, appliances and materials,
(d) clothing,
(e) containers,
(f) agricultural, building, commercial and industrial materials,
(g) machinery, plant and equipment and parts of them,
(h) chemicals, minerals and metals,
(i) vegetable matter,
(j) stone, sand, shells, clay, earth and ash,
(k) radioactive material.
In this clause—
A person must not in a park—
(a) carry, lay or set any trap, snare or poison, or drop from an aircraft or otherwise deposit any poison bait or poisonous chemical substance, or
(b) hunt, shoot, poison, net, spear, pursue, interfere with, injure, hurt, capture, destroy, trap or snare, or have in the person’s possession, an animal, or
(c) take any animal’s nest or egg, or interfere with any animal’s nest or egg or habitation or resting place or any beehive, or
(d) feed any animal.
Maximum penalty—30 penalty units.
A person must not in a park or on any public or other road traversing a park—
(a) carry, possess or use a hunting collar (such as a spiked collar), a breast plate or tracking equipment for use on any dog, or
(b) have under the person’s control any dog on which a hunting collar (such as a spiked collar), a breast plate or tracking equipment is carried.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person does not commit an offence under this clause in relation to trapping if that trapping is authorised under or by the Fisheries Management Act 1994.
In this clause,
A person must not in a park—
(a) behave in a disorderly manner, or
(b) use insulting or offensive language, or
(c) commit an act of indecency, or
(d) use, or be affected by, any prohibited drug (within the meaning of the Drug Misuse and Trafficking Act 1985), or
(e) drive, ride, operate or use any machinery, plant, vehicle, vessel or aircraft (including any model vehicle, vessel or aircraft) in a manner likely to interfere with or cause a nuisance to any person or animal, or
(f) operate or use any radio, television, cassette player, compact disc player or other sound-generating device in a manner likely to interfere with or cause a nuisance to any person or animal.
Maximum penalty—30 penalty units.
A person must not ride or use a skate board, roller skates, bicycle, scooter or other means of conveyance (other than a disability assistance aid) on a track, trail or way, or in an area, set aside in a park for pedestrian traffic only.
Maximum penalty—30 penalty units.
A person does not commit an offence under subclause (1)(e) or (f) or (2) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not consume alcohol in a park, or in part of a park, in contravention of the terms of a notice erected in the park.
Maximum penalty—0.2 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not in a park—
(a) light, maintain or use a fire—
(i) if there are fireplaces designated for that purpose by a park authority—elsewhere than in such a fireplace, or
(ii) if there are no fireplaces designated for that purpose—elsewhere than in a temporary fireplace situated at least 4.5 metres from any log or stump and at least 1.5 metres from any other flammable material, or
(iii) in any case—in contravention of a notice erected or displayed or given to a park user by a park authority regulating the use of fire in the park, or
(iv) when a total fire ban has been imposed under the Rural Fires Act 1997, or
(b) leave unattended, whether temporarily or otherwise—
(i) any fire in a fireplace designated for that purpose by a park authority, or
(ii) any fire in any other place, or
(c) fail to call for help to control or extinguish a fire that the person has lit, maintained or used and that is beyond the person’s power to control or extinguish, or
(d) handle any flammable substance (such as petrol, matches or cigarettes) in a manner that is likely to cause a fire in the park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person does not commit an offence under subclause (1)(a)(iv) by doing anything authorised by or under the Rural Fires Act 1997.
A person must not smoke in a park.
Maximum penalty—5 penalty units.
This clause does not apply to a cave in a park.
Clause 27(2)(e) creates an offence of smoking in a cave.
A person does not commit an offence under this clause—
(a) if a person smokes in an accommodation area, where smoking is not otherwise prohibited, or
(b) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
In this clause—
A person must not deposit or leave any bone, shell, charcoal, stone or wood within an Aboriginal area or Aboriginal place.
Maximum penalty—30 penalty units.
A person must not within any Aboriginal area or Aboriginal place have in the person’s possession—
(a) any chalk, paint or other colouring substance, matter or thing, or
(b) any sieve, spade, shovel, pitchfork, mattock, pick, bar, axe, chisel, hammer or similar implement.
Maximum penalty—30 penalty units.
A person must not in a park—
(a) use any metal detector or other apparatus for detecting any metal or metal object, or
(b) touch or interfere with or do anything that may cause or assist the mutilation or destruction of any Aboriginal object, or
(c) take any rubbing, latex peel or impression by whatever means of any Aboriginal object, or
(d) interfere with or remove or assist in the removal of any deposit, object or material evidence relating to the settlement or occupation of New South Wales or a part of New South Wales (not being settlement or occupation by Aboriginal people) if the deposit, object or material evidence is more than 25 years old at the date of the interference or removal, or
(e) deposit or leave any Aboriginal object in a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person does not commit an offence under subclause (3)(d) if the interference or removal occurred in a ski resort area in Kosciuszko National Park and was necessary for the carrying out of—
(a) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or
(b) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979.
A person does not commit an offence under subclause (3)(d) if the interference or removal occurred in a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the Snowy Hydro Corporatisation Act 1997.
A person must not—
(a) erect, alter, extend or occupy any building in a park, or
(b) install, use or occupy a moveable dwelling in a park, or
(c) construct, operate or use any structure, installation, engineering work, plant, equipment, amusement device, fixture or improvement in a park, or
(d) erect a hoarding or notice, or exhibit any commercial or political advertising matter, sign, bill or poster, in a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done—
(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of—
(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or
(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979, or
(iii) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
(iv) State significant infrastructure approved under Division 5.2 of Part 5 of the Environmental Planning and Assessment Act 1979, or
(c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the Snowy Hydro Corporatisation Act 1997.
A person does not commit an offence under subclause (1)(b) if the person camps in a manner that is not prohibited by clause 12.
In this clause,
A person must not—
(a) gather, pluck, pull up, poison, take, dig up, cut, fell, remove, damage or destroy any vegetation in a park, or
(b) have any vegetation in the person’s possession in a park, whether for removal or otherwise, or
(c) introduce any vegetation into a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done—
(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of—
(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or
(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979, or
(iii) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
(iv) State significant infrastructure approved under Division 5.2 of Part 5 of the Environmental Planning and Assessment Act 1979, or
(c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the Snowy Hydro Corporatisation Act 1997, or
(d) if the act or omission was authorised by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.
A person does not commit an offence under subclause (1)(b) if the person has in the person’s possession vegetation (including firewood) that was lawfully obtained from outside the park.
A person does not commit an offence under this clause by using firewood—
(a) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or
(b) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park.
Subclause (4)(b) does not permit a person to collect or use deadfalls of timber for firewood in contravention of a notice (as referred to in clause 6) or an oral direction (as referred to in clause 7).
In this clause—
A person must not remove any beehive from, or place any beehive in, a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not in a park—
(a) carry or discharge or have in the person’s possession any firearm, or imitation firearm, within the meaning of the Firearms Act 1996 or prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
(b) carry or discharge or have in the person’s possession any airgun, speargun or other lethal weapon, or
(c) carry or use or have in the person’s possession any explosive, flare or firework, or
(d) carry or use or have in the person’s possession any ammunition, or
(e) throw or propel by any means any object likely to cause damage or injury to any person, animal or thing, or
(f) without reasonable excuse, carry, use, possess or have custody of a knife.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
For the purposes of subclause (1)(a) and (d), a person does not commit an offence if the person is a police officer acting—
(a) in the course of the person’s duties or in accordance with any guidelines issued by the Commissioner of Police with respect to the possession of service firearms by off-duty police officers, and
(b) in accordance with the New South Wales Police Handbook.
For the purposes of subclause (1)(f), a person has a reasonable excuse to carry, use, possess or have custody of a knife if—
(a) the possession or custody is reasonably necessary in all the circumstances for any of the following—
(i) the preparation or consumption of food or drink,
(ii) participation in a lawful entertainment, recreation or sport,
(iii) the wearing of an official uniform, or
(b) the possession or custody is reasonably necessary in the circumstances during travel to or from or incidental to an activity referred to in paragraph (a).
For the purposes of subclause (1)(f), it is not a reasonable excuse for a person to carry, use, possess or have custody of a knife solely for the purpose of self-defence or the defence of another person.
A person does not commit an offence under subclause (1)(b) if the person carries or possesses an unloaded speargun in a park, unless a plan of management for a park or a notice erected in the park or given to the person prohibits the carrying or possession of a speargun (whether loaded or unloaded) in a park or any part of the park.
A person does not commit an offence under subclause (1)(c) if the flare is carried in a boat as a part of the boat’s safety equipment as required by or under any other Act or when used as a distress signal.
In this clause,
(a) an assembled rubber powered speargun that does not have the shaft engaged in the trigger mechanism and the rubbers stretched and engaged in the shaft, or
(b) in the case of a pneumatic, spring or gas powered speargun—one that does not have the spear shaft located within the barrel of the speargun, or
(c) a disassembled speargun.
A person must not in a park—
(a) sell or hire, attempt to sell or hire, expose for sale or hire or solicit for sale or hire any article, thing or service to any person, or
(b) conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind, or
(c) compete with or hinder the commercial operations of any person, business or corporate body possessing a lease, licence, occupancy or franchise from the Minister or the Secretary for a specific purpose or purposes, or
(d) take any photograph, video, movie or television film for sale, hire or profit.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not in a park—
(a) organise, conduct or take part in any sporting activity that forms part of an organised competition or tournament, or
(b) organise, attend or participate in any concert, public meeting, function, demonstration, group activity or gathering (a
prohibited event ) involving more than 40 persons or such other number of persons as is stated in a plan of management for the park, or stated in a notice erected in the park or given to a park user, whichever is the lesser, or(c) organise, attend or engage in any manoeuvre (whether of a military, naval, aerial nature or otherwise), any course of training or any similar activity, or
(d) organise or engage in any activity or recreational pursuit that involves risking the safety of the person or the safety of other persons or damaging the environment.
Maximum penalty—30 penalty units.
Without limiting the generality of subclause (1)(d), the activities and recreational pursuits to which that paragraph applies include abseiling, base jumping, bungy jumping, rock climbing, parachuting, canyoning, white water boating, paragliding, parasailing and hang gliding. However, the activities and recreational pursuits to which subclause (1)(d) applies do not include caving and cave diving.
A person does not commit an offence under this clause—
(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) if a plan of management for a park makes provision for the undertaking of an activity in the park, the person undertakes the activity in the park in accordance with the plan of management.
Despite subclause (3)(b), a person must not undertake an activity in a park if a notice erected in the park or given to the person prohibits the undertaking of the activity.
Maximum penalty—30 penalty units.
In this clause—
sound and audio visual equipment, generators, marquees and temporary fencing
A person must not carry out any kind of research in a park.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
A person must not—
(a) install a recording device in a park, or
(b) leave a recording device unattended in a park, or
(c) arrange for another person to—
(i) install a recording device in a park, or
(ii) leave a recording device unattended in a park.
Maximum penalty—50 penalty units.
A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
In this clause—
A person must not enter or remain in a karst cave in a park.
Maximum penalty—30 penalty units.
A person must not in a park—
(a) exhibit a number or other identifying mark in or near a cave in a manner that suggests that the number or mark has been allocated to identify the cave, or
(b) carry out any excavation, or use any explosive, in or in the vicinity of a cave, or
(c) use any string or other thing for the purpose of laying a track in a cave, or
(d) interfere with in a cave or remove from a cave—
(i) any rocks, soil, sand, stone or other similar substances, or
(ii) any flora or fauna, or
(iii) any equipment (other than equipment carried into the cave by the person), or
(iv) any guano, bones or fossil, or
(e) smoke in a cave, or
(f) light a fire in a cave, or
(g) leave any equipment in a cave whether or not the person intends to return to the cave, or
(h) leave the person’s urine or faeces in a cave, or
(i) damage any speleothems in a cave, or
(j) vandalise any cave, or
(k) interfere with, dig in or disturb a cave or remove from a cave any Aboriginal objects, or
(l) obstruct, erect a fence or gate in, fill or alter the entrance or passage of a cave, or
(m) have in the person’s possession in a cave any sieve, spade, shovel, fork, mattock, pick, bar, axe, chisel, hammer or similar implement, or
(n) in a cave, use any fuel stove, combustion engine, flare, carbide lamp, candle or welding equipment.
Maximum penalty—30 penalty units.
A person does not commit an offence under this clause—
(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or
(b) if a plan of management for a park makes provision for the undertaking of an activity in the park, the person undertakes the activity in the park in accordance with the plan of management.
Despite subclause (3)(b), a person must not undertake an activity in a park if a notice erected in the park or given to the person prohibits the undertaking of the activity.
A person does not commit an offence under subclause (2)(c) if the person lays a track as a temporary safety or conservation measure and either—
(a) removes the track when the person leaves the cave, or
(b) within 7 days of leaving the cave, orally or in writing notifies the park authority of the laying of the track.
A park authority notified by a person under subclause (5)(b) of the laying of a track may orally or in writing direct the person to remove the track within a period specified in the direction.
A person must comply with a direction given under subclause (6) within the period specified in the direction.
Maximum penalty—30 penalty units.
In this clause—
(a) beneath the surface of the earth or within a cliff or ledge, and
(b) large enough to permit a person to enter, whether or not the entrance is naturally formed or human made, and
(c) wholly or substantially roofed.
A person must not—
(a) destroy, damage or remove any thing that is being used or intended to be used by the park authority for the suppression or destruction of any animals in a park, or
(b) interfere with any thing that is being used or intended to be used by the park authority for the suppression or destruction of any animals in a park in a manner that is likely to impair its effectiveness, or
(c) remove, relocate, damage, destroy or obscure by any means any sign or notice that has been erected or displayed in a park by a park authority or that has been erected or displayed in a park with the consent of the park authority, or
(d) interfere with or obstruct any action taken by a park authority for the purpose of the care, control and management of the park, or
(e) attempt to do any of the things referred to in paragraphs (a)–(d).
Maximum penalty—50 penalty units.
A person travelling by motor vehicle on any designated snow/ice risk road within Kosciuszko National Park at any time on or after 1 June and before 11 October in any year must carry snow chains suitable for use on the tyres of the motor vehicle.
Maximum penalty—30 penalty units.
A person travelling by motor vehicle within Kosciuszko National Park on or after 1 June and before 11 October in any year must use snow chains on the tyres of the motor vehicle when directed to do so by a designated officer or by a notice erected in the park or given to the park user.
Maximum penalty—30 penalty units.
In this clause—
(a) a national parks officer, or
(b) a person who is authorised by the park authority to exercise the powers conferred by this clause, or
(c) a police officer.
In this Division—
The Secretary may grant licences for marinas and moorings in Cowan Water, subject to any terms and conditions that may be imposed by the Secretary.
The Secretary may revoke, or vary the terms of, any such licence.
Except as authorised by a licence, a person must not set up a marina or mooring in Cowan Water.
Maximum penalty—30 penalty units.
The Secretary may direct a person who has set up or used an unlicensed marina or mooring to remove the marina or mooring.
Such a direction may be given to the person to whom it is addressed personally or by leaving it on, or attaching it to, the marina or mooring.
A person to whom such a direction is given must not fail to comply with the direction.
Maximum penalty—30 penalty units.
The Secretary may remove from Cowan Water—
(a) any unlicensed mooring or marina, or
(b) any mooring or marina that has been abandoned or has become submerged, come adrift or fallen into a state of disrepair, or
(c) any part of a mooring or marina that has become separated from the mooring or marina or that constitutes, in the opinion of the Secretary, a danger, hazard, impediment or menace to the use of Cowan Water.
The Secretary may, in any court of competent jurisdiction, recover the cost and expenses—
(a) incurred as a result of a removal authorised by subclause (7)(a)—from the person who set up the unlicensed mooring or marina, or
(b) incurred as a result of a removal authorised by subclause (7)(b) or (c)—from the current licensee or (if the licence is no longer in force) the previous licensee.
This clause does not apply to a public mooring.
For the purposes of this clause, a marina or mooring is unlicensed if—
(a) no licence has been issued in relation to it, or
(b) a licence has been issued in relation to it subject to terms and conditions that have not been met.
A person must not moor a vessel on any part of Cowan Water otherwise than—
(a) at a public mooring, or
(b) at a mooring in respect of which the person—
(i) is the licensee, or
(ii) is the hirer from the licensee of the mooring to which the licence relates, or
(iii) has the consent of the licensee or hirer to use the mooring.
Maximum penalty—30 penalty units.
A person must not moor a vessel at a public mooring in Cowan Water for more than 24 hours at any one time.
Maximum penalty—30 penalty units.
A person must not moor at any mooring (not being a mooring forming part of a marina) in Cowan Water—
(a) more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring), or
(b) any vessel in contravention of the terms and conditions of the licence in respect of the mooring.
Maximum penalty—30 penalty units.
The holder of a licence in respect of a marina must not moor at a mooring forming part of the marina in Cowan Water—
(a) more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring), or
(b) any vessel in contravention of the terms and conditions of the licence in respect of the marina.
Maximum penalty—30 penalty units.
A designated officer may direct a person to remove a vessel from a mooring if the vessel is moored in contravention of this clause.
A person must not, without reasonable excuse, fail to comply with a direction given under subclause (5).
Maximum penalty—30 penalty units.
In this clause—
(a) a national parks officer, or
(b) a person who is authorised by the park authority for Ku-ring-gai Chase National Park to exercise the powers conferred by this clause, or
(c) a police officer.
A person must not falsely represent (by the display of numbers or names, the production of documents or otherwise) that the person is authorised to moor a vessel, or to permit other persons to moor vessels, in Cowan Water.
Maximum penalty—30 penalty units.
The consent of a park authority under this Part may be given—
(a) generally or in a particular case, and
(b) unconditionally or subject to conditions, and
(c) by means of a written statement, a notice referred to in clause 6, or in the form of a permit, licence, approval or other form of authorisation.
Any function that is conferred on a park authority by this Part may be exercised by the authority or by any person authorised by the authority to exercise that function.
A person given an oral direction under this part (a
A person does not commit an offence under this Part for anything done or omitted to be done—
(a) by a member of staff of a park authority in the exercise of the staff member’s employment, or
(b) under the oral or written direction of a park authority.
A person who commits (or is, by virtue of section 159 of the Act, guilty of) a second or subsequent offence under this Part is liable to be excluded from a park by the park authority or the Secretary for any period of time determined by the park authority or the Secretary.
For the purpose of this clause, a person is taken to have committed (or to be guilty of) an offence under this Part if—
(a) a court convicts the person of the offence, or
(b) a court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33(1)(a) of the Children (Criminal Proceedings) Act 1987 in respect of the person in relation to the offence, or
(c) a penalty notice has been issued in respect of an offence and the penalty notice amount has been paid.
A person who has been excluded from a park under this clause must not re-enter the park before the period of exclusion ends.
Maximum penalty—50 penalty units.
This clause does not apply to an offence under clause 51.
In this Part—
The object of this Part is to confer or impose on the Secretary, under section 155A of the Act, certain functions relating to the health of the public in the park.
The functions concerned are, in accordance with section 155A of the Act, the same (but for being modified by this Part) as certain functions conferred or imposed on a council constituted by the Local Government Act 1993 in relation to the health of the public in its area.
The Secretary may, if any premises, vehicle or article in the park used for the manufacture, preparation, storage, sale or transportation of food to the public are not in a clean or sanitary condition, order the occupier of the premises, or the owner or operator of the vehicle or article, to put the premises, vehicle or article into a clean or sanitary condition.
The Secretary may, if premises are not in a safe or healthy condition, order the occupier of the premises to do or refrain from doing all things that are specified in the order to ensure that the premises are placed or kept in a safe or healthy condition.
The Secretary may, if waste (other than waste that is dealt with under the Waste Avoidance and Resource Recovery Act 2001) is present or generated on premises and it is not being satisfactorily dealt with, order the occupier of the premises, or the person responsible for the waste or for any receptacle or container in which the waste is contained, to store, treat, process, collect, remove, dispose of or destroy the waste in the manner specified in the order.
The Secretary may, if premises are not connected to any available water supply or sewerage system, order the occupier of the premises to connect the premises to an available water supply and sewerage system by a date specified in the order.
The Secretary may, if in the opinion of the Secretary it is necessary for the purpose of protecting the health of the public in the park, order the occupier of premises not to use or permit the use of a human waste storage facility on the premises after a date specified in the order.
A person to whom an order under this clause is given must not fail to comply with the order.
Maximum penalty—30 penalty units.
The Secretary may, if it is necessary or expedient to do so in the interests of public health, order the occupier of premises to repair or make structural alterations to the premises (including the renewal or repair of a roof) or to erect a fence between the land on which the premises are located and an adjoining place that is open to the public.
A person to whom an order under this clause is given must not fail to comply with the order.
Maximum penalty—30 penalty units.
The Secretary may, if premises used for shared accommodation do not comply with the standards set out in Part 1 of Schedule 2 to the Local Government (General) Regulation 2005, order the occupier of the premises to take the action that is necessary to bring the premises into compliance with those standards.
A person to whom an order under this clause is given must not fail to comply with the order.
Maximum penalty—30 penalty units.
The Secretary may, if an activity conducted on premises constitutes or is likely to constitute a threat to the health of the public in the park, order the person apparently engaged in promoting, conducting or carrying out the activity not to conduct, or to cease conducting, the activity.
A person to whom an order under this clause is given must not fail to comply with the order.
Maximum penalty—30 penalty units.
If the person fails to comply with the order, the Secretary may—
(a) order the person to cease the use of the premises or to evacuate the premises, and
(b) order any other person or persons to leave the premises or not to enter the premises.
Sections 129, 130, 132–137, 139–141, 143–148, 152 and 153(1) of the Local Government Act 1993 apply in relation to orders given by the Secretary under clauses 40–43 in the same way as they apply to orders given by a council constituted under that Act.
Accordingly, references in those sections to a council are, for the purposes of this clause, to be read as references to the Secretary.
The Secretary may provide public health services and facilities, and carry out activities relating to public health, appropriate to the needs of the public in the park.
In particular, the Secretary may provide for, or enter into arrangements for, the collection, removal and treatment of garbage, rubbish, refuse or other forms of waste from premises in the park.
The Secretary may, in the interests of the health of the public in the park and in whatever manner the Secretary thinks fit—
(a) maintain and regulate depots in the park for the disposal and destruction of garbage, rubbish, refuse or other forms of waste, and
(b) control and regulate the depositing on land in the park of any material likely to give rise to a condition that will endanger public health.
The Secretary may give directions to ensure that any requirement imposed by the Secretary in connection with the Secretary’s functions under this clause is complied with.
The Secretary may, in exercising the Secretary’s functions under this Part, exercise the same functions as a council may exercise under Part 2 of Chapter 8 of the Local Government Act 1993 for the purpose of enabling the council to exercise its functions relating to public health under that Act.
Accordingly, references in that Part to a council are, for the purposes of this clause, to be read as references to the Secretary, and the reference in section 199(2)(f) of that Act to the general manager is to be read as a reference to the Secretary.
The Secretary may exercise the following functions in relation to the park—
(a) the functions of a local government authority under Part 9 of the Public Health Act 2010 to appoint a member of staff of the Department to exercise the functions of an authorised officer under—
(i) Divisions 2–5 of Part 3 of that Act, and
(ii) Part 8 of that Act, and
(iii) Parts 2–4 and 9 and Schedules 1 and 4 to the Public Health Regulation 2012, and
(b) the functions of a local government authority under Part 3 of the Public Health Act 2010.
In this Part—
(a) subject to paragraph (b), Snowy Hydro Limited (ACN 090 574 431), or
(b) if the Snowy park lease is transferred to another body—that other body.
The Company is required to comply with the obligations imposed on the Company under the Snowy Management Plan.
For the purposes of this Part, the obligations of the Company under the Snowy Management Plan include the obligations imposed on the Company by any environment management plan prepared under the Snowy Management Plan and approved by the Secretary.
If the Company fails to comply with any of its obligations under the Snowy Management Plan, the Secretary may, by written notice served on the Company, direct the Company to comply with its obligations.
A notice under this clause must set out the obligations of the Company that have not been complied with, and may also do any of the following—
(a) specify a time within which the obligations are to be complied with,
(b) require the Company to take the action specified in the notice in order to comply with the obligations,
(c) require the Company to cease the action specified in the notice that has resulted in the Company not complying with its obligations,
(d) if the failure of the Company to comply with its obligations has caused damage to the Kosciuszko National Park—require the Company to take the actions specified in the notice to remedy the damage.
The Secretary is required to consult the Environment Protection Authority before serving a notice under this clause in respect of a scheduled activity within the meaning of the Protection of the Environment Operations Act 1997, unless the Secretary is of the opinion that the notice is required to be served as a matter of urgency.
A notice under this clause may be amended or revoked by a subsequent notice served on the Company.
The Company is guilty of an offence if it fails, without reasonable excuse, to comply with a notice under clause 50.
(a) holds office until a successor is elected or appointed, and
(b) is eligible for re-election or re-appointment at the next annual general meeting.
An elected chairperson, deputy chairperson, or secretary who is a member, ceases to hold office as such if the person ceases to be a member.
A vacancy in any office must be filled at the next meeting after the vacancy occurs.
The chairperson, or in the chairperson’s absence the deputy chairperson, is to preside at the meetings of an advisory committee, but if both are absent, the members are to elect a person from among the members to preside as chairperson.
The presiding member has a deliberative vote on any matter before the meeting and, in the case of an equality of votes, a casting vote.
The secretary must circulate to each member an agenda and associated business papers at least 7 days before any meeting of the advisory committee.
The secretary (or a member on the secretary’s behalf) must keep minutes of each meeting and must supply the members with a copy of the minutes of the meeting not later than one calendar month after the date of the meeting.
The secretary of an advisory committee is responsible for the care of all business papers and correspondence.
The secretary must forward to the Secretary not later than 30 June of each financial year, the particulars of the dates of, and of members attending, each meeting during that year.
In this Part—
The persons appointed as members must be persons who, in the Minister’s opinion, have skills and experience in one or more of the following areas—
(a) philanthropy,
(b) conservation,
(c) financial management,
(d) communications,
(e) others areas the Minister considers relevant.
Government sector employees are eligible to be appointed as members of the Board, but must not make up a majority of members.
The Minister may publicly advertise for nominations for appointment of persons as members of the Board.
The Minister must appoint a member as—
(a) a Chairperson, and
(b) a Deputy Chairperson.
The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if the person—
(a) ceases to be a member of the Board, or
(b) resigns from the office of Chairperson or Deputy Chairperson by instrument in writing, including electronic communication, addressed to the Minister, or
(c) is removed from the office of Chairperson or Deputy Chairperson by the Minister.
If the office of Chairperson or Deputy Chairperson becomes vacant, a person must be appointed to fill the vacancy.
Subject to this Part, a member holds office for the period specified in the member’s instrument of appointment.
The period referred to in subclause (1) must not exceed 5 years.
A member may be re-appointed.
The Minister may remove a member from office.
The office of a member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing, including electronic communication, addressed to the Minister, or
(d) is removed from office by the Minister, or
(e) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for the member’s benefit, or
(f) is a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere of an offence that, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more.
A member is entitled to be paid the remuneration, including travelling and subsistence allowances, determined by the Minister for the member.
The quorum for a meeting of the Board is a majority of the Board’s members for the time being.
The Chairperson must preside at a meeting of the Board, unless the Chairperson is absent.
If the Chairperson is absent—
(a) the Deputy Chairperson must preside, or
(b) if the Deputy Chairperson is absent—a person from among the members present, elected by the members who are present at the meeting, must preside.
The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
The procedure for calling meetings of the Board and for conducting business at the meetings is, subject to the Act and the regulations, to be determined by the Board.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
A member must disclose the nature of a pecuniary interest at a meeting of the Board as soon as possible after the relevant facts have come to the member’s knowledge.
A member has a pecuniary interest if—
(a) the member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.
A disclosure is a sufficient disclosure of the nature of an interest in a matter relating to a company or other body, or to a person, that may arise after the date of the disclosure under subclause (1) if the disclosure is that the member—
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment of, a specified person, or
(c) has some other specified interest relating to a specified company or other body, or to a specified person.
Particulars of a disclosure made under this clause must be recorded by the Board in a book that is—
(a) kept for the purpose of recording disclosures, and
(b) open to inspection at all reasonable hours by a person on payment of the fee determined by the Board.
After a member has disclosed the nature of an interest in a matter, the member must not, unless the Minister or the Board otherwise determines—
(a) be present during a deliberation of the Board about the matter, or
(b) take part in a decision of the Board about the matter.
For the purposes of making a determination by the Board under subclause (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—
(a) be present during a deliberation of the Board for the purpose of making the determination, or
(b) take part in the making of the determination by the Board.
A contravention of this clause does not invalidate a decision of the Board.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
A provision of another Act does not disqualify a person from holding a specified office and also the office of member, or from accepting and retaining remuneration payable to the person as a member, merely because the provision—
(a) requires a person who is the holder of the specified office to devote the whole of the person’s time to the duties of the office, or
(b) prohibits the person from engaging in employment outside the duties of the office.
The Board may transact its business by the circulation of papers among all the members of the Board for the time being.
If the Board transacts business by the circulation of papers, a resolution in writing, approved in writing by a majority of the members, is taken to be a decision of the Board made at a meeting of the Board.
The Board may transact its business at a meeting at which members, or some members, participate by telephone or other electronic means, but only if a member who speaks on a matter before the meeting can be heard by the other members.
The Chairperson and each other member have the same voting rights as the Chairperson and the other member would have at an ordinary meeting of the Board for the purposes of—
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (3).
A resolution approved under subclause (2) must, subject to this Part, be recorded in the minutes of the meetings of the Board.
Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
The seal of the Trust must be kept by—
(a) a member of the Board, or
(b) a member of staff of the Trust, authorised by the Board to keep the seal.
The Board may authorise a member of the Board or of the staff of the Trust to witness an affixing of the seal generally or in a particular case or class of cases (an
The seal of the Trust must be affixed to a document only—
(a) in the presence of an authorised witness, and
(b) with an attestation by the signature of an authorised witness of the fact of the affixing of the seal.
The trustees appointed to trust boards for state conservation areas and regional parks under the Act must hold an annual general meeting before the end of May each year.
The trustees must also meet at least 10 times a year at intervals not exceeding 2 months or such number of times and at such intervals as the Minister determines.
A meeting must be held when and where convened by the chairperson or, in the chairperson’s absence, by the deputy chairperson.
Any 2 trustees may, by notice in writing, request the chairperson to call a special meeting for a purpose specified in the notice.
On receiving such a request, the chairperson must call a special meeting to be held within 28 days after the chairperson receives the request.
At each annual general meeting, the trustees must appoint a chairperson, deputy chairperson, secretary, treasurer and auditor.
The chairperson and deputy chairperson are to be elected from among the trustees.
The secretary, treasurer and auditor may be elected from among the trustees or may be persons who are not trustees appointed by the trustees.
Except as otherwise provided by the Act or this Part, a person elected or appointed as chairperson, deputy chairperson, secretary, treasurer or auditor—
(a) holds office until a successor is elected or appointed, and
(b) is eligible for re-election or re-appointment at the next annual general meeting.
A vacancy in any office must be filled at the next meeting after the vacancy occurs.
The chairperson, or in the chairperson’s absence the deputy chairperson, is to preside at meetings of the trustees, but if both are absent, the trustees are to elect a person from among their number to preside.
The person presiding at a meeting of the trustees has a deliberative vote and, in the case of an equality of votes, a casting vote.
Meetings of the trustees must be conducted, as far as is practicable, in accordance with the procedures set out in Part 10 of the Local Government (General) Regulation 2005.
A resolution that has been passed by the trustees must not be altered or rescinded except by a motion to that effect of which at least 7 days’ written notice has been given to each trustee.
The trustees may appoint one or more committees to carry out any work or perform any duties that the trustees may determine.
A committee may consist of trustees, of persons who are not trustees or of both trustees and persons who are not trustees.
The common seal of the trustees—
(a) may be affixed to an instrument or a document only following a resolution to do so passed at a meeting of the trustees, and
(b) must be affixed in the presence of a trustee and either the secretary or treasurer, each of whom must attest the fact of the affixing of the common seal by signing the instrument or document.
The chairperson must circulate to each trustee an agenda and associated business papers at least 10 days before any meeting of the trustees.
Subclause (1) does not apply to a special meeting if the chairperson believes that the meeting should be held as soon as possible and it is impracticable to circulate an agenda and associated business papers before the start of the meeting, in which case the chairperson may give notice of the meeting and of the agenda for the meeting in the manner that the chairperson considers appropriate.
The secretary must keep minutes of each meeting and is responsible to the trustees for the keeping of proper financial records in collaboration with the treasurer.
If no chairperson has been appointed or there is a vacancy in the office of chairperson, the Secretary may perform the functions of the chairperson under this Part.
All money received by the trustees must be paid into the National Parks and Wildlife Fund referred to in section 137 of the Act except money allocated to the trustees by the Minister for wages, for associated ancillary costs or for other specific purposes.
Money allocated to the trustees by the Minister under this clause must be paid into an authorised deposit-taking institution in New South Wales to the credit of an account in the name of the state conservation area or regional park for which the trustees are appointed.
Interest earned on money standing to the credit of such an account must be expended only for the purposes for which the money was allocated by the Minister under this clause.
No reallocation of money or variation of staff establishments on which an allocation under this clause is based may be made without the approval of the Minister.
Each item of expenditure must be authorised, or the payment of such an item of expenditure must be confirmed, at a duly constituted meeting of the trustees through tabling and approval of a treasurer’s report relating to that item of expenditure.
Cheques drawn on a trustees’ account kept under this clause must be signed by—
(a) two trustees, or
(b) one trustee, and the secretary or treasurer to the trustees, or
(c) one trustee, and the manager, assistant manager or deputy manager of the state conservation area or regional park for which the trustees are appointed.
The trustees’ financial year ends on 30 June each year.
In this Part—
For the purposes of the Act, section 153G(4), the following actions may be taken for the management of declared land—
(a) the management of known or foreseeable risks to the land, including the protection of the land from bush fire risks,
(b) the preparation of a conservation action plan for the land in accordance with this Part,
(c) the approval of the conservation action plan for the land in accordance with this Part,
(d) the carrying out of conservation activities under the approved conservation action plan for the land,
(e) the carrying out of scientific research—
(i) by the Service, or
(ii) by another person in accordance with a licence, permit or authorisation granted under the Act or the Biodiversity Conservation Act 2016,
(f) the maintenance of infrastructure.
The Secretary must prepare a conservation action plan for declared land.
A conservation action plan may apply to—
(a) 1 or more areas of declared land, or
(b) part of an area of declared land.
A conservation action plan must identify the following for the purposes of managing the land—
(a) the environmental and cultural values of the land,
(b) the key risks to the environmental and cultural values of the land,
(c) the conservation activities required to—
(i) control, abate or mitigate the key risks to the environmental or cultural values of the land, and
(ii) maintain, remediate or restore the environmental or cultural values of the land,
(d) the requirements for measuring and reporting on the health and condition of the environmental or cultural values of the land.
Before approving a draft conservation action plan, the Secretary must—
(a) publicly exhibit the draft plan for a period (the
public exhibition period ) of not less than 14 days by publishing the draft plan on a website maintained by the Department, and(b) consider the submissions received during the public exhibition period.
However, if, in the Secretary’s opinion, the draft plan contains information the disclosure of which may place at risk the protection of the environmental and cultural values of the declared land, the Secretary may prepare an amended or redacted version of the draft plan for the purposes of public exhibition under subclause (1)(a).
Despite subclause (1)(a), if the Secretary is satisfied the urgent finalisation and approval of the plan is necessary to address an imminent threat to declared land, the Secretary is not required to publicly exhibit the draft plan.
The Secretary must approve a conservation action plan for declared land within 90 days after an order made under the Act, section 153G relating to the land is published in the Gazette.
Despite subclause (1), a conservation action plan not approved within that time is valid if the plan is approved after that time.
The Secretary must publish the approved conservation action plan on a website maintained by the Department within 28 days after the plan is approved by the Secretary.
However, if, in the Secretary’s opinion, the approved plan contains information the disclosure of which may place at risk the protection of the environmental and cultural values of the declared land, the Secretary may prepare an amended or redacted version of the approved plan for the purposes of publication under subclause (1).
The failure to publish an approved conservation action plan does not invalidate the plan.
The Secretary must ensure the conservation activities for declared land are carried out in accordance with the approved conservation action plan for the land.
An approved conservation action plan may be amended or replaced by a subsequent conservation action plan prepared and approved in accordance with this Part.
A subsequent conservation action plan must be exhibited in accordance with this Part.
Despite subclause (2), the Secretary may elect not to publicly exhibit a draft subsequent conservation action plan if the Secretary is satisfied the proposed amendments are minor.
The Secretary must publish information relating to the health and condition of declared land on a website maintained by the Department.
However, if, in the Secretary’s opinion, the information contains matters the disclosure of which may place at risk the protection of the environmental and cultural values of the declared land, the Secretary may prepare an amended or redacted version of the information for the purposes of publication under subclause (1).
The Secretary must appoint a scientist, or a panel of scientists, to conduct a review, as soon as possible after the period of 5 years from the first approval of a conservation action plan, to examine whether conservation action plans have been effectively implemented.
The Secretary must consult the Chief Scientist and Engineer before making an appointment under subclause (1).
The review must evaluate the effectiveness of conservation action plans, including the following matters—
(a) the implementation of conservation activities to—
(i) control, abate or mitigate the key risks to the environmental or cultural values of declared land, and
(ii) maintain, remediate or restore the environmental or cultural values of declared land,
(b) the measurement of, and reporting on, the health and condition of declared land.
The Secretary must—
(a) prepare a report on the findings of the review, and
(b) publish the report on a website maintained by the Department within 28 days after the findings of the review are provided to the Secretary.
However, if, in the Secretary’s opinion, the report contains information the disclosure of which may place at risk the protection of the environmental and cultural values of the declared land, the Secretary may prepare an amended or redacted version of the report for the purposes of publication under subclause (4)(b).
This clause applies to declared land in relation to which information is not required to be published under the Act, section 153G(3) (
A person must not disclose information relating to sensitive declared land if the disclosure of the information—
(a) reveals the location of the sensitive declared land, or
(b) may risk the protection of the environmental and cultural values of the sensitive declared land.
Maximum penalty—50 penalty units.
Subclause (2) does not apply if the disclosure is made—
(a) with the consent of the Secretary and in accordance with any conditions to which the consent is subject, or
(b) to another person in connection with the administration of the Act, Part 12A.
For the purposes of section 19(1) of the Act, an ex-officio ranger (whether a police officer, a fisheries officer within the meaning of the Fisheries Management Act 1994 or an authorised officer within the meaning of the Forestry Act 2012) has the powers, authorities, duties and functions conferred or imposed on officers of the National Parks and Wildlife Service by or under sections 157(1) and (2) and 158 of the Act.
A person who is accompanied by a dog that is an assistance animal is exempted from section 56(1)(e) of the Act.
For the purposes of section 73A of the Act, notice of the preparation of a plan of management is to be given in the form of an advertisement published in the Gazette.
For the purposes of section 91B(3) of the Act, an interim protection order may contain terms of either or both of the following kinds—
(a) terms that prohibit the owner or occupier of land subject to the order from doing any one or more of the things listed in subclause (2) or from causing or permitting them to be done,
(b) terms that allow the owner or occupier to do any one or more of those things (or to cause or permit them to be done) only with the consent of the Minister or only subject to other conditions.
The things that may be prohibited or regulated by an interim protection order are—
(a) the total or partial demolition, damaging, defacing, destruction, pulling down or removal of any building, structure or work on the land, and
(b) the damaging or despoiling of the land or any part of it, and
(c) the carrying on of any activity on the land that would constitute the carrying out of development (within the meaning of Division 12 of Part 4 of the Act) if the land were within a conservation area, whether or not it is within such an area, and
(d) the exhibition of any notice or advertisement on the land, and
(e) the damaging or destruction of any tree or other vegetation on, or the removal of any tree or other vegetation from, the land, and
(f) the carrying on (whether or not within a park) of any activity that may affect the preservation, protection or maintenance of the land or any threatened species or threatened ecological communities, or its habitat (within the meaning of the Biodiversity Conservation Act 2016), or any fauna, plant, Aboriginal object or Aboriginal place on or within the land.
An application for the issue of an Aboriginal heritage impact permit, a licence or a registration certificate under the Act must be made in a form approved by the Secretary.
If an application form requires a fee or charge to accompany it, that fee or charge must be lodged with the application.
A person must not, in connection with an application for the issue of an Aboriginal heritage impact permit, a licence or a registration certificate under the Act, make any statement or provide any information or other material that the person knows, or ought reasonably to know, is false or misleading.
Maximum penalty—30 penalty units.
A licence or registration certificate issued under the Act is in force (unless cancelled)—
(a) until midnight on 31 December following the date of issue, or
(b) if an expiry date is specified in the licence or certificate—until midnight on that date.
The rate of interest prescribed for the purposes of section 144A(2)(a) of the Act is the rate for the time being prescribed under section 101 of the Civil Procedure Act 2005 for payment of interest on a judgment debt.
For the purposes of sections 164 and 165 of the Act, the prescribed evidence of a person’s authority is—
(a) a written instrument of authority signed by the Secretary that identifies the person so authorised (unless the person has been provided with an identification card as referred to in paragraph (b)), or
(b) the identification card provided to the person in respect of the person’s appointment as an authorised officer under section 189 of the Protection of the Environment Operations Act 1997 (as applying under section 156B of the Act).
For the purposes of section 164(1)(a)(iii) of the Act, the prescribed form of receipt is as set out in Form 1 of Schedule 2 or in any other form that may be approved by the Secretary.
For the purposes of section 168(1)(c) of the Act, the court making the conviction is the prescribed court.
For the purposes of section 168(2) of the Act, if the proceedings referred to in section 168(2)(b)—
(a) have not been commenced within 2 years after the seizure or delivering up of the property—the Local Court is the prescribed court, or
(b) have been dismissed—the court dismissing the proceedings is the prescribed court,
For the purposes of section 197A(3), definition of
Any act, matter or thing that, immediately before the repeal of the National Parks and Wildlife Regulation 2009, had effect under that Regulation continues to have effect under this Regulation.
For the purposes of section 192 of the Act—
(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence, and
(c) the following classes of persons are prescribed—
(i) persons employed in Service NSW,
(ii) persons engaged by Service NSW or Transport for NSW under a contract for services.
Column 1 | Column 2 | Column 3 |
Provision | Penalty for individuals (and corporations where no penalty in Column 3) | Penalty for corporations |
Section 45 | $500 | |
Section 56(1)(a) | $500 | |
Section 56(1)(b) | $500 | |
Section 56(1)(c) | $500 | |
Section 56(1)(d) | $500 | |
Section 56(1)(e) | $300 | |
Section 57(1) | $300 | |
Section 57(2) | $500 | |
Section 58Q(1)(a) | $500 | |
Section 58Q(1)(b) | $500 | |
Section 58Q(1)(c) | $500 | |
Section 58Q(1)(d) | $500 | |
Section 58Q(1)(e) | $200 | |
Section 58R(1) | $300 | |
Section 58R(2) | $300 | |
Section 70(1) | $500 | |
Section 70(2)(a) | $500 | |
Section 70(2)(b) | $500 | |
Section 70(2)(c) | $300 | |
Section 71(1) | $300 | |
Section 86(2) | $1,500 | |
Section 86(4) | $3,300 | |
Section 89A | $300 | |
Section 90J | $1,500 | |
Section 91Q(1)(a) | $1,650 | $3,300 |
Section 157(3) | $500 | |
Section 158(2) | $500 | |
Section 211(1) | $750 | $1,500 |
Clause 6(2)(a) | $300 | |
Clause 6(2)(b) | $100 | |
Clause 6(2)(c) | $200 | |
Clause 6(2)(d) | $300 | |
Clause 6(2)(e) | $300 | |
Clause 6(2)(f) | $300 | |
Clause 6(2)(g) | $300 | |
Clause 6(2)(h) | $300 | |
Clause 7(2) | $300 | |
Clause 8(5D) | $500 | |
Clause 8(5E) | $500 | |
Clause 9(1) | $300 | |
Clause 10(1)(a) | $300 | |
Clause 10(1)(b) | $300 | |
Clause 10(1)(c) | $818 | |
Clause 10(1)(d)(ii) | $300 | |
Clause 10(1)(d)(iii)–(vi) | $300 | |
Clause 10(1)(e) | $300 | |
Clause 10(1)(f) | $400 | |
Clause 10(1)(g) | $300 | |
Clause 10(1)(g1)–(g4) | $300 | |
Clause 10(1)(h) | $405 | |
Clause 10(1)(i) | $300 | |
Clause 10(1)(j) | $300 | |
Clause 10(1)(k) | $300 | |
Clause 10(1)(l) | $300 | |
Clause 10(1)(m) | $300 | |
Clause 10(1)(n) | $300 | |
Clause 10(1)(o) | $300 | |
Clause 10(1)(p) | $300 | |
Clause 10(2) | $300 | |
Clause 10(4) | $300 | |
Clause 10(5)(a) | $300 | |
Clause 10(5)(b) | $500 | |
Clause 10F(1) | $100 | |
Clause 10G(1), for a person who parks a motor vehicle in a park after the applicable time and date or after the expiry of the applicable period of time— | ||
| $100 | |
| $200 | |
| $300 | |
| $100 | |
Clause 10G(2) | $100 | |
Clause 10I(1) | $100 | |
Clause 11(1) | $300 | |
Clause 12(1) | $300 | |
Clause 12(2) | $300 | |
Clause 12(3) | $500 | |
Clause 12(5) | $300 | |
Clause 13(1)(a) | $500 | |
Clause 13(1)(b) | $500 | |
Clause 13(1)(c) | $500 | |
Clause 13(1)(c1) | $2,500 | |
Clause 13(1)(d) | $500 | |
Clause 13(1)(e) | $500 | |
Clause 13(1)(f) | $500 | |
Clause 13(1)(g) | $500 | |
Clause 13(1)(h) | $500 | |
Clause 13(1)(i) | $500 | |
Clause 13(1)(j) | $500 | |
Clause 13(1)(k) | $500 | |
Clause 13(1)(l) | $500 | |
Clause 14 | $500 | |
Clause 15(1)(a) and (c)–(f) | $300 | |
Clause 15(1)(b) | $100 | |
Clause 15(2) | $300 | |
Clause 16(1) | $22 | |
Clause 17(1)(a) | $300 | |
Clause 17(1)(b)(i) | $100 | |
Clause 17(1)(b)(ii) | $500 | |
Clause 17(1)(c) | $500 | |
Clause 17(1)(d) | $300 | |
Clause 18(1) | $300 | |
Clause 19(1) | $300 | |
Clause 19(2) | $500 | |
Clause 19(3)(a) | $500 | |
Clause 19(3)(b) | $500 | |
Clause 19(3)(c) | $300 | |
Clause 19(3)(d) | $500 | |
Clause 19(3)(e) | $300 | |
Clause 20(1)(a) | $500 | |
Clause 20(1)(b) | $500 | |
Clause 20(1)(c) | $500 | |
Clause 20(1)(d) | $300 | |
Clause 21(1)(a) | $300 | |
Clause 21(1)(b) | $300 | |
Clause 21(1)(c) | $300 | |
Clause 22(1) | $300 | |
Clause 23 | $500 | |
Clause 24(1)(a) | $200 | |
Clause 24(1)(b)–(d) | $500 | |
Clause 25(1)(a) | $300 | |
Clause 25(1)(b) | $300 | |
Clause 25(1)(c) | $300 | |
Clause 25(1)(d) | $500 | |
Clause 25(4) | $300 | |
Clause 26(1) | $300 | |
Clause 26A(1) | $500 | |
Clause 27(1) | $300 | |
Clause 27(2)(a) | $300 | |
Clause 27(2)(b) | $500 | |
Clause 27(2)(c) | $200 | |
Clause 27(2)(d)(i) | $500 | |
Clause 27(2)(d)(ii) | $300 | |
Clause 27(2)(d)(iii) | $200 | |
Clause 27(2)(d)(iv) | $500 | |
Clause 27(2)(e) | $200 | |
Clause 27(2)(f) | $300 | |
Clause 27(2)(g) | $300 | |
Clause 27(2)(h) | $500 | |
Clause 27(2)(i) | $300 | |
Clause 27(2)(j) | $300 | |
Clause 27(2)(k) | $500 | |
Clause 27(2)(l) | $500 | |
Clause 27(2)(m) | $300 | |
Clause 27(2)(n) | $300 | |
Clause 27(7) | $200 | |
Clause 28(a)–(c) | $500 | |
Clause 28(e), to the extent to which it refers to paragraphs (a)–(c), only | $500 | |
Clause 29 | $300 | |
Clause 31(3) | $300 | |
Clause 31(6) | $500 | |
Clause 32 | $300 | |
Clause 33 | $200 | |
Clause 37(3) | $500 | |
Clause 40(6) | $500 | |
Clause 41(2) | $500 | |
Clause 42(2) | $500 | |
Clause 43(2) | $500 | |
Clause 51 | $500 | |
Clause 78K(2)(a) | $500 |
(Clause 86)
No (
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under the National Parks and Wildlife Act 1974.
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National Parks and Wildlife Regulation 2019 (408). LW 23.8.2019. Date of commencement, 1.9.2019, cl 2. This Regulation has been amended as follows—
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 2.17, 14 days after assent, sec 2(1). | |
(25) | National Parks and Wildlife Amendment Regulation 2021. LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
(406) | National Parks and Wildlife Amendment (Assets of Intergenerational Significance) Regulation 2021. LW 23.7.2021. Date of commencement, on publication on LW, cl 2. | |
(487) | Road Transport (General) Regulation 2021. LW 27.8.2021. Date of commencement, 1.9.2021, sec 2. | |
No 47 | National Parks and Wildlife Amendment Act 2021. Assented to 8.12.2021. Date of commencement of Sch 2, assent, sec 2(1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(329) | National Parks and Wildlife Amendment Regulation 2025. LW 4.7.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2021 (25), Sch 1[2]; 2021 No 47, Sch 2[1]; 2025 (329), Sch 1[1] [2]. |
Cl 6 | Am 2021 (25), Sch 1[3] [4]; 2025 (329), Sch 1[3]–[5]. |
Cl 8 | Am 2025 (329), Sch 1[6]–[9]. |
Cl 8A | Ins 2025 (329), Sch 1[10]. |
Cl 10 | Am 2019 No 14, Sch 2.17; 2021 (25), Sch 1[5]; 2021 (487), Sch 7.7; 2025 (329), Sch 1[11]–[21]. |
Part 2, Div 2A | Ins 2021 (25), Sch 1[6]. |
Cl 10A | Ins 2021 (25), Sch 1[6]. |
Cl 10B | Ins 2021 (25), Sch 1[6]. Am 2025 (329), Sch 1[22]. |
Cl 10C | Ins 2021 (25), Sch 1[6]. |
Cl 10D | Ins 2021 (25), Sch 1[6]. |
Cl 10E | Ins 2021 (25), Sch 1[6]. |
Cl 10F | Ins 2021 (25), Sch 1[6]. |
Cl 10G | Ins 2021 (25), Sch 1[6]. |
Cl 10H | Ins 2021 (25), Sch 1[6]. Am 2025 (329), Sch 1[23]. |
Cl 10I | Ins 2021 (25), Sch 1[6]. |
Cl 13 | Am 2025 (329), Sch 1[24] [25]. |
Cl 25 | Am 2025 (329), Sch 1[26]–[29]. |
Cl 26A | Ins 2025 (329), Sch 1[30]. |
Cl 28 | Am 2025 (329), Sch 1[31]. |
Cl 35A | Ins 2025 (329), Sch 1[32]. |
Cl 37 | Am 2025 (329), Sch 1[33] [34]. |
Cl 47 | Am 2025 (329), Sch 1[22]. |
Cl 54 | Am 2021 (25), Sch 1[7]; 2025 (329), Sch 1[35]. |
Cl 55 | Am 2025 (329), Sch 1[35]. |
Cl 59 | Am 2021 (25), Sch 1[8]; 2022 No 59, Sch 3.47[1]. |
Cl 60 | Am 2021 (25), Sch 1[8]; 2022 No 59, Sch 3.47[1] [2]; 2025 (329), Sch 1[22]. |
Cl 62 | Am 2021 (25), Sch 1[8]; 2022 No 59, Sch 3.47[1]. |
Part 6A, Divs 1–3 (cll 69A–69O) | Ins 2021 No 47, Sch 2[2]. |
Part 7A, Div 1 | Ins 2021 (406), Sch 1. |
Cl 78A | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[3] [4]. |
Cl 78B | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[5]; 2025 (329), Sch 1[36]. |
Part 7A, Div 2 | Ins 2021 (406), Sch 1. |
Cl 78C | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[6]. |
Cl 78D | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[7]. |
Cl 78E | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[4]. |
Cl 78F | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[7]. |
Cll 78G, 78H | Ins 2021 (406), Sch 1. |
Part 7A, Div 3 | Ins 2021 (406), Sch 1. |
Cl 78I | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[7]. |
Cl 78J | Ins 2021 (406), Sch 1. Am 2021 No 47, Sch 2[7]. |
Cl 78K | Ins 2025 (329), Sch 1[37]. |
Cl 83 | Am 2021 (25), Sch 1[8]; 2022 No 59, Sch 3.47[1]. |
Cl 87A | Ins 2021 No 47, Sch 2[8]. |
Sch 1 | Am 2021 (25), Sch 1[9] [10]; 2025 (329), Sch 1[38]–[45]. |
The whole Regulation | Am 2021 (25), Sch 1[1] (“Chief Executive” and “Chief Executive’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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