National Parks and Wildlife Regulations (Amendment) (Cth)
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
Dated 15 July 1981.
ZELMAN COWEN.
Governor-General
By His Excellency’s Command,
Minister of State for Home Affairs and Environment
“PART I—PRELIMINARY”.
(a) by inserting before the definition of “camping area” the following definitions:
“‘approved person’ means a person, or a person included in a class of persons, being a person who is an officer or employee of the Northern Territory or of an. authority of the Territory, agreed by the Minister and a Minister of the Northern Territory to be an approved person or class of persons for the purposes of these Regulations;
S.R. No. 86/81 Cat. No. —Recommended retail price 60c 13/9.7.1981
‘archaeological site’ includes an area of land on which Aboriginal rock paintings or Aboriginal remains are situated;
‘Authority’ has the same meaning as in section 8d of the Act;”;
(b) by omitting the definition of “child”;
(c) by inserting after the definition of “de-restricting sign” the following definition:
“‘entrance station’ means a place established by the Director, identified by a sign bearing the words ‘ENTRANCE STATION’, through which persons may enter a park or reserve;”;
(d) by inserting after the definition of “fishing permit” the following definition:
“‘Land Council’ has the same meaning as in the
Aboriginal Land Rights (Northern Territory )Act 1976;”;(e) by inserting after the definition of “landing area” the following definition:
“‘landing permit’ means a permit granted by the Director under regulation 6a;”; and
(f) by inserting after the definition of “the Act” the following definitions:
“‘township’ means the township established or to be established by the Authority;”;
‘traditional Aboriginal owners’ has the same meaning as in the
Aboriginal Land Rights (Northern Territory )Act 1976;”.
“2a. Nothing, in regulations 5, 6, 7c, 8 to 10 (inclusive), 14, 15, 16 or 17, or sub-regulations 3 (1), 3 (2), 7 (1) or 7 (9), applies to or in relation to the township.
“PART II—ACTIVITIES IN PARKS AND RESERVES
“2b. (1) The Director may establish entrance stations through which persons may enter parks and reserves.
“(2) The Director may, on application by a person, grant to the person a permit authorizing the person to enter a park or reserve otherwise than through an entrance station.
“(3) The Director shall not grant a permit under this regulation unless, the entry by the person will not damage the park or reserve or interfere with the management of wildlife.
“(4) A person shall not enter a park or reserve—
(a) otherwise than through an entrance station, except in pursuance of a permit under this regulation; or
(b) being the holder of a permit under this regulation, otherwise than in accordance with the permit.
Penalty: $1,000.
“(5) A permit under this regulation may be subject to such conditions as to the area, manner and time of entry as the Director thinks fit.”.
(a) by inserting after “receptacle” in paragraph (a), of sub-regulation(1)“approved or”;
(b) by omitting paragraph (a) of sub-regulation (2) and substituting the following paragraph:
“(a) deposit rubble or any household, commercial or industrial waste elsewhere than in an area approved or provided for the purpose by the Director;”;
(c) by omitting from sub-regulation (3) “a park or reserve” and substituting “Uluru National Park”; and
(d) by omitting sub-regulations (4) and (5) and substituting the following sub-regulation:
“(4) Sub-regulation (3) does not apply to or in relation to a person who takes water from a river or natural water storage—
(a) while he is the holder of a permit granted under sub-regulation (1); or
(b) in the case of an emergency.”.
“(3) A person shall not, in a park or reserve, feed an animal that is wildlife.
“(4) Nothing in this regulation applies to a person who, in a township, takes firewood from a felled tree that is plant wildlife.”.
“5. (1) The Director may, on application by a person, grant to the person a camping permit.
“(2) A person shall not camp in a park or reserve otherwise than in a camping area unless he is the holder of a camping permit.
Penalty: $1,000.
“(3) A camping permit granted to a person may be subject to conditions with respect to the area in which, and period during which, the person may camp.
“(4) A person who is the holder of a camping permit shall not camp in a park or reserve otherwise than—
(a) in accordance with the camping permit; or
(b) in a camping area.
Penalty: $1,000.
“(5) The Director shall not grant to a person a camping permit unless—
(a) the person proposes to camp in an isolated area of the park or reserve; and
(b) in the case of a person who proposes to camp in Uluru National Park—the person proposes to travel otherwise than in or on a vehicle.
“(6) It is a defence to proceedings for an offence against sub-regulation (2) or (4) if the camping, by the defendant otherwise than in a camping area, or otherwise than in accordance with the camping permit, was due to the existence of an emergency.”.
(a) by inserting after sub-regulation (1) the following sub-regulation:
“(1a) A person shall not drive or use a vehicle on a road or track the entrance to which is clearly indicated by a sign bearing the words ‘SERVICE ROAD—WALKERS ONLY’.
Penalty: $1,000.”; and
(b) by omitting sub-regulation (3).
“6a. (1) The Director may grant to a person—
(a) a permit to land a fixed-winged aircraft in a landing area; or
(b) a permit to land a rotary-winged aircraft.
“(2) The Director shall not refuse to grant a permit under paragraph (1) (a) unless the landing of the aircraft is likely to damage the park or reserve or interfere with the management of wildlife.
“(3) The Director shall not grant a permit under paragraph (1) (b) unless the landing, of the aircraft will not damage the park or reserve or interfere with the management of wildlife.
“(4) A person shall not, in a park or reserve—
(a) land, or cause a fixed-winged aircraft to taxi, in a part of the park or reserve that is not a landing area; or
(b) land a fixed-winged aircraft in a landing area, or land a rotary-winged aircraft, unless he is the holder of a landing permit.
Penalty: $500.
“(5) Nothing in sub-regulation (4) applies to or in relation to a person who, in an emergency, lands an aircraft otherwise than in accordance with this regulation.”.
(a) by omitting paragraphs (b) and (c) of sub-regulation (2) and substituting the following word, and paragraph:
“or (b) use or have in his possession a trap, net, snare, spear-gun or hunting-bow.”;
(b) by adding at the end of sub-regulation (3) “or will assist in the protection and conservation of wildlife or the protection and preservation of the park or reserve.”;
(c) by omitting from sub-regulation (4) “, or the carrying out of the research,”;
(d) by omitting sub-regulation (6) and substituting the following sub-regulation:
“(6) Paragraph (2) (a) does not apply to or in relation to—
(a) a person who is a member of the Australian Federal Police or of the police force or a State or of the Northern Territory; or
(b) the possession, in the township, by a person who is a resident of the township, of a firearm that is registered under a law of the Northern Territory relating to the registration of firearms and the transporting by such a person of such a firearm along a road leading to or from the township.”;
(e) by omitting from paragraph (a) of sub-regulation (7) “or” (last occurring);
(f) by adding at the end of sub-regulation (7) the following word and paragraph:
“; or (c) the taking of food into a park or reserve.”; and
(g) by adding at the end thereof the following sub-regulations:
“(9) A person who, with the consent of the Director, takes a dog into a park or reserve shall not—
(a) permit the dog to be at large in the park or reserve; or
(b) fail to remove the dog from the park or reserve when the person leaves the park or reserve.
Penalty: $500.
“(10) It is a defence to a prosecution of an offence against sub-regulation (9) that the person has, with the consent of the Director, transferred the ownership of the dog to another person in the park or reserve.”.
“7a. (1) A person shall not use a chemical pesticide or herbicide in a park or reserve without the consent in writing of the Director.
“(2) The Director shall not give his consent under sub-regulation (1) unless the use of the pesticide or herbicide will not unduly damage the park or reserve or interfere with the management of wildlife.
“(3) A consent under sub-regulation (1) may be given subject to conditions with respect to the manner in which the pesticide or herbicide is to be used.
“(4) A person to whom a consent under sub-regulation (1) has been given shall not fail to comply with a condition subject to which the consent is given.
Penalty: $1,000.
“(5) Nothing in sub-regulation (1) applies to the use of a pesticide or a herbicide by a person for domestic purposes;
“7b. (1) The Director may grant to a person a permit in writing to carry out research for scientific purposes in a park or reserve.
“(2) A person other than the holder of a permit under sub-regulation (1) shall not carry out research for scientific purposes in a park or reserve.
Penalty: $1,000.
“(3) The Director shall not grant a permit under sub-regulation (1) unless the carrying out of the research is not likely to damage the park or reserve or interfere unduly with the management of wildlife.
“(4) A permit under sub-regulation (1) may be granted subject to conditions with respect to the area, and manner, in which the research may be carried out.
“(5) A person to whom a permit under this regulation has been granted shall not fail to comply with the conditions subject to which the permit is granted.
Penalty: $1,000.
“(6) Before granting to a person a permit in respect of an area of land on which a sacred site is situated, the Director shall consult the traditional Aboriginal owners of the land.
“(7) A reference in this regulation to scientific purposes includes a reference to archaeological and anthropological purposes.
“7c. (1) Where the carrying on of one or more of the following activities, that is to say, the making of excavations, the erection of a building or structure, the carrying out of works or the felling or removal of timber, in a park or reserve is not likely to damage permanently the park or reserve or interfere permanently with the management of wildlife, the Director may approve the carrying on of the activity in the park or reserve.
“(2) An approval under sub-regulation (1) may be subject to conditions with respect to the manner in which the activity is carried on and in which any damage caused by the carrying on of the activity is to be rectified.
“(3) A person shall not carry on an activity of the kind referred to in sub-regulation (1) in a park or reserve without the approval in writing of the Director.
“(4) A person shall not fail to comply with a condition subject to which the Director’s approval under this regulation is given.
Penalty: $1,000.
“7d. (1) A person shall not—
(a) deface or otherwise damage an archaeological site; or
(b) remove an archaeological artefact from an archaeological site.
Penalty: $5,000.
“(2) Nothing in sub-regulation (1) applies to or in relation to—
(a) the traditional Aboriginal owners of the land on which the site is situated; or
(b) a person who, with the approval of the Director, is carrying out restoration work or research in connection with an archaeological site.
“(3) It is a defence to proceedings for an offence against paragraph (1) (b) if the defendant—
(a) had no reasonable grounds for suspecting that the object he removed was an archaeological artefact; or
(b) had no reasonable grounds for suspecting that the site was an archaeological site.”.
(a) by omitting from paragraph (a) of sub-regulation (1) “or” (last occurring);
(b) by inserting after paragraph (a) of sub-regulation (1) the following paragraph:
“(aa) the protection or preservation of wildlife would or may be interfered with; or”;
(c) by omitting from paragraph (a) of sub-regulation (2) “or” (last occurring); and
(d) by inserting after paragraph (a) of sub-regulation (2) the following paragraph:
“(aa) the protection or preservation of wildlife would or may be interfered with; or”.
“8a. (1) A person other than an authorized person shall not use a road or track the entrance to which is clearly indicated by a sign bearing the words ‘AUTHORIZED PERSONS ONLY’.
Penalty: $1,000.
“(2) In sub-regulation (1), ‘authorized person’ means—
(a) a person who is a traditional Aboriginal owner of the land through which the road or track passes, or to which the road or track leads, or a person approved by such a person;
(b) the Director, a ranger or a warden acting in the performance of his duties as Director or as a ranger or warden, as the case requires;
(c) a person authorized in writing by the Director; or
(d) an approved person acting in the performance of his duties as, an officer or employee of the Northern Territory or of an authority of the Territory.
“8b. (1) The Director may, with the agreement of a Land Council, specify conditions subject to which Aboriginals may—
(a) enter areas of a park or reserve to which access is restricted or prohibited under these Regulations;
(b) hunt animal wildlife in a park or reserve;
(c) harvest plant wildlife in a park or reserve;
(d) use a vehicle, vessel or aircraft in an area of a park or reserve in which the use of the vehicle, vessel or aircraft is prohibited by these Regulations;
(e) take a dog into a park or reserve; or
(f) take firewood from a park or reserve.
“(2) The conditions that the Director may specify are—
(a) with respect to the activity referred to in paragraph (1) (a)—that the entry is carried out during the periods specified by the Director;
(b) with respect to an activity referred to in paragraph (1) (b) or (c)—that the hunting or harvesting, as the case requires, is carried out during the period, in the area and in the manner specified by the Director;
(c) with respect to an activity referred to in paragraph (d)—that the vehicle, vessel or aircraft is used during the period, in the area and in the manner specified by the Director;
(d) with respect to the activity referred to in paragraph (1) (e)—
(i) that the number of dogs taken into the park or reserve by one Aboriginal or group of Aboriginals does not exceed the number specified by the Director; and
(ii) that a dog taken into the park or reserve in pursuance of this regulation is not permitted to be at large in the park or reserve; and
(e) with respect to the activity referred to in paragraph (1) (f)—that the firewood is taken during the period, in the area and from the timber specified by the Director.
“(3) A person who carries on an activity specified in sub-regulation (1) in accordance with the conditions specified in sub-regulation (2) with respect to that activity is not guilty of an offence against these Regulations by reason only of having carried on that activity in accordance with those conditions.
“(4) A person who carries on an activity referred to in sub-regulation (1) shall not fail to comply with a condition specified by the Director with respect to the carrying on of that activity.
Penalty: $1,000.
“8c. (1) The Director may make available areas of land in a park or reserve for use by the traditional Aboriginal owners of the land.
“(2) A person other than—
(a) a person who is a traditional Aboriginal owner of the land or a person approved by such a person;
(b) the Director, a ranger or a warden acting in the performance of his duties as Director or as a ranger or warden, as the case requires;
(c) a person authorized in writing by the Director; or
(d) an approved, person acting in the performance of his duties as an officer or employee of the Northern Territory or of an authority of the Territory,
shall not enter an area of land made available under sub-regulation (1).
Penalty: $500.
“(3) It is a defence to a prosecution of an offence against sub-regulation (2) that—
(a) the defendant’s presence in an area of land made available under sub-regulation (1) was due to the existence of an emergency; or
(b) the defendant had no reasonable grounds for suspecting that the area of land was an area of land that had been made available for use by the traditional Aboriginal owners of the land.
“8d. Notwithstanding the provisions of regulations 2b, 8a, 8b and 8c, a member or officer of a Land Council acting in the performance of his duties as a member or officer may, at any time, enter and move freely in a park or reserve.
“8e. (1) The Director may, from time to time, determine that an area of water in a park of reserve is an area in which the use of—
(a) all vessels propelled by power; or
(b) vessels included in a class of vessels propelled by power,
is prohibited if he is of the opinion that the use of those vessels, or vessels included in that class of vessels, in that area would be likely to damage the park or reserve or interfere with the management of wildlife.
“(2)
The power of the Director to specify a class of vessels propelled by power
includes a power to specify a class by reference to
(a) the manner in which the vessel is so propelled; and
(b) the type, size, capacity or horsepower of the engine by which the vessel is so propelled.
“(3) Where the Director makes a determination under sub-regulation (1), he shall cause to be erected, as close to the area of water as is reasonably practicable, a sign or signs bearing—
(a) the words ‘POWER BOATS PROHIBITED’;
(b) where the determination relates to vessels included in a class of vessels—a description of the class of vessels the use of which is prohibited; and
(c) a description of the area of water.
“(4) A person shall not—
(a) use a vessel propelled by power on an area of water in respect of which a determination under sub-regulation (1) in respect of all vessels propelled by power is in force; or
(b) where a determination in respect of a specified class of vessels is in force, use a vessel included in that class of vessels on an area of water in respect of which the determination is in force.
Penalty: $500.
“(5) Nothing in sub-regulation (4) applies to or in relation to a person using a vessel—
(a) that is provided by the Director for recreational purposes; or
(b) that is used by—
(i) the Director, a ranger or a warden acting in the performance of his duties as Director or as a. ranger or warden, as the case requires; or
(ii) an approved person acting in the performance of his duties as an officer or employee of the Northern Territory or of an authority of the Territory.
“(6) It is a defence to proceedings for an offence against sub-regulation (4) if the use of the vessel, or, in. the case of an offence against paragraph 4 (b), the use of a vessel included in a class of vessels in respect of which, a determination is in force, was due to the existence of an emergency.”.
“10. (1) Where a person who is the holder of a licence applies to the Director for a fishing permit, the Director shall grant to the person a fishing permit.
“(2) Where a person other than a person who is the holder of a licence applies to the Director for a fishing permit, the Director may, subject to sub-regulation (3), grant to the person a fishing permit.
“(3) The Director shall not grant a fishing permit under sub-regulation (2) if the taking of fish in accordance with the permit would—
(a) contravene the Fish and Fisheries Act; or
(b) interfere with the management of wildlife.
“(4) A fishing permit authorizes the holder of the permit to take from waters in the park or reserve, subject to the conditions specified in the permit, fish of the kind specified in the permit.
“(5) A fishing permit granted under this regulation—
(a) remains in force for such period as is specified in the permit, being, in the case of a permit granted under sub-regulation (1), a period that does not exceed the period for which the licence is in force;
(b) in the case of a permit granted under sub-regulation (1)—is subject to the conditions (if any) to which the licence is subject; and
(c) in any case—is subject to the conditions specified in the permit, being conditions relating to—
(i) the area of the park or reserve in which the holder of the permit may fish;
(ii) the species of fish for which the holder of the permit may fish; and
(iii) the number of fish that may be taken by the holder of the permit, being, in the case of a permit granted under sub-regulation (1), a number that does not exceed the number permitted by or under the Fish and Fisheries Act.
“(6) A person shall not take fish from waters in a park or reserve otherwise than in accordance with the authority conferred by a fishing permit.
Penalty: $2,000.
“(7) In this regulation—
‘Fish and Fisheries Act’ means the
Fish and Fisheries Act 1979 of the Northern Territory;‘licence’ means; a licence granted; under the Fish and Fisheries Act.”.
“16a. (1) Where a plan of management provides for the establishment or development of a township, a person proposing to establish or develop the township shall submit a town plan to the Director.
“(2) The Director shall, within 1 month after the submission of the plan, make a decision—
(a) accepting or rejecting the plan; or
(b) requiring the plan to be amended.
“(3) Before making a decision under sub-regulation (2), the Director shall inform the Minister of the action that he proposes to take.
“(4) The Director shall notify the person in writing of his decision and, where he requires the plan to be amended, furnish details of the amendments required.
“(5) Where the Director requires a plan to be amended—
(a) the person may submit the amended plan to the Director;
(b) the Director shall, within 1 month after the submission of the amended plan, make a decision—
(i) accepting or rejecting the amended plan; or
(ii) requiring the plan to be further amended; and
(c) the Director shall notify the person in writing of his decision and, where he requires the plan to be further amended, furnish details of the amendments required.
“(6) Before making a decision under paragraph (6) (b), the Director shall inform the Minister of the action he proposes to take.
“(7) The Director may require an amended plan to be further amended as often as he considers necessary.
“16b. (1) Where it is desired to amend a town plan that has been approved under regulation 16a, the person desiring to amend the approved plan shall submit the approved plan as amended to the Director.
“(2) Regulation 16a applies to and in relation to amendments of an approved town plan as if references in that regulation to a town plan were references to an approved town plan as amended.
“16c. Where—
(a) a plan of management provides for a township to be established or developed on land held under lease from the Director and no notice of intention to submit a town plan is received by the Director within 6 months after the day on which the plan of management comes into operation; or
(b) a plan of management provides for a township to be established or developed by the Director,
the Director—
(c) may cause a town plan to be prepared; and
(d) shall submit the plan to the Minister for his approval.
“16d. (1) In this regulation, a reference to an approved town plan is a reference to a town plan that has been approved under regulation 16c.
“(2) Where—
(a) the plan of management in respect of a park or reserve no longer provides for an approved town plan; or
(b) by reason of changed circumstances, an approved town plan is no longer necessary,
the Director may revoke the approved town plan.
“(3) Before revoking an approved town plan, the Director shall—
(a) by notice published in a newspaper circulating in the area affected by the approved town plan, invite interested persons to make representations in connection with the proposed revocation by such date as is specified in the notice;
(b) give due consideration to any representations so made; and
(c) notify the Minister of the proposed revocation and furnish the Minister with any representations so made.
“PART V—MISCELLANEOUS”.
“20a. (1) In granting a permit, or giving a consent, under these Regulations with respect to the carrying on of an activity, the Director may exempt the person to whom the permit was granted, or the consent was given, from such of the provisions of these Regulations as are necessary to enable the person to carry on the activity.
“(2) An exemption under this regulation may be in general terms or may be limited to the activities, areas and periods specified in the permit or consent.
“20b. Subject to regulation 20c, a permit granted under these Regulations remains in force until the time specified in the permit as the time at which the permit will expire.
“20c. (1) Where—
(a) a permit under these Regulations is granted subject to conditions; and
(b) the person to whom the permit was granted fails to comply with one of those conditions,
the Director may cancel the permit.
“(2) Where the Director cancels a permit, he shall, as soon as practicable, notify in writing the person to whom the permit was granted of the fact.”.
“22. Nothing in regulation 3, 4, 6, 7, 7c or 16, or sub-regulation 2b (4), 5 (2), 6a (4), 8 (4) or 9 (3), applies to or in relation to—
(a) the Director, a ranger or a warden acting in the performance of his duties as Director or as a ranger or warden, as the case requires; or
(b) an approved person acting in the performance of his duties as an officer or employee of the Northern Territory or of an authority of the Territory.
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