National Parks and Wildlife Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2751

 

National Parks and Wildlife Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Parks and Wildlife Conservation Act 1975.

Dated 21 October 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Barry Cohen

Minister of State for Arts, Heritage and Environment

 

Interpretation

1. Regulation 2 of the National Parks and Wildlife Regulations is amended by inserting after the definition of “road or track” the following definitions:

“ ‘sell’ includes attempt or offer to sell, barter, cause or permit to be sold or offered for sale, have in possession for sale or send or receive for sale;

‘service’ includes accommodation or transportation;”.

Certain activities prohibited in parks and reserves

2. Regulation 7 of the National Parks and Wildlife Regulations is amended by omitting sub-regulations (1) and (3).

3. After regulation 7 of the National Parks and Wildlife Regulations the following regulation is inserted:

Permission for commercial activity

“7aa. (1) A person shall not hire or sell any thing in a park or reserve without the permission in writing of the Director.

(S.R. 292/85)—Cat. No.  15/14.10.1985

Penalty: $2,000, together with $200 for each day or part of a day during which the offence continues.

“(2) A person shall not produce in a park or reserve any thing for hire or sale, whether in a park or reserve or otherwise, without the permission in writing of the Director.

Penalty: $2,000, together with $200 for each day or part of a day during which the offence continues.

“(3) A person shall not provide in a park or reserve any service for reward without the permission in writing of the Director.

Penalty: $2,000, together with $200 for each day or part of a day during which the offence continues.

“(4) A person shall not carry on in a park or reserve any commercial activity not referred to in sub-regulation (1), (2) or (3) without the permission in writing of the Director.

Penalty: $2,000, together with $200 for each day or part of a day during which the offence continues.

“(5) The Director shall not grant permission under sub-regulation (1), (2), (3) or (4) for an activity to be carried on in a park or reserve unless the activity will—

(a) benefit the public or persons using the park or reserve; and

(b) be consistent with the achievement of the objects referred to in sub sections 6 (1) and 11 (8) of the Act.

“(6) A permission granted under sub-regulation (1), (2), (3) or (4)—

(a) shall specify the activity that is permitted;

(b) shall specify the period for which the permission is granted;

(c) may specify times or periods during that period during which that activity may not be carried on;

(d) may specify the park or reserve in which the activity may be carried on;

(e) may specify the area within a park or reserve where that activity may be carried on;

(f) may specify the fee payable for the permission;

(g) may, where an activity is permitted to be carried on in a building or other structure, or with the assistance of a structure or equipment, specify with regard to the building, structure or equipment conditions subject to which the permission is granted;

(h) may, where an advertisement or other public notice is to be displayed, or is displayed, in a park or reserve in connection with an activity that is permitted to be carried on, specify with regard to the advertisement or notice conditions subject to which the permission is granted; and

(j) may specify any other conditions subject to which the permission is granted.

 

“(7) Where permission is granted to a person under this regulation for an activity to be carried on, whether subject to conditions or otherwise, the Director may, before the end of the period for which the permission is granted, by notice in writing served on the person, impose a condition, or an additional condition, as the case requires, specified in the notice, subject to which the permission is granted.

“(8) A person to whom permission is granted under this regulation shall not fail to comply with a condition subject to which the permission is granted.

Penalty: $2,000, together with $200 for each day or part of a day during which the offence continues.”.

Reconsideration and review of decisions of Director

4. Regulation 20d of the National Parks and Wildlife Regulations is amended—

(a) by adding at the end of sub-regulation (7) “and of the grounds for that decision”; and

(b) by inserting after sub-regulation (7) the following sub-regulation:

“(7a) A notice referred to in sub-regulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 1985.

2. Statutory Rules 1977 No. 217, as amended by 1978 No. 166; 1979 No. 298; 1981 No. 197; 1982 No. 94; 1983 No. 135.

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