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, make the following Regulations under the
Dated 9 October 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. KELLY
Minister of State for the Arts, Sport, the Environment
and Territories
____________
1.1 The National Parks and Wildlife Regulations are amended as set out in these Regulations.
These Regulations commence on gazettal: see
2.1 Definitions of “approved person” and “archaeological site”:
Omit the definitions, substitute:
“
(a) Aboriginal remains; or
(b) an Aboriginal artefact; or
(c) an Aboriginal painting, carving, engraving or imprint;”.
2.2 Definitions of “camping area” and “camping permit”:
Omit the definitions, substitute:
“
2.3 Definitions of “entrance station”, “fishing permit”, “Land Council” and “landing area”:
substitute:
“
(a) adjacent to a road or track where persons enter the park or reserve; and
(b) identified by a sign including the name of the park or reserve and the words ‘ENTRANCE STATION’;
(a) by a licence granted under regulation 88 of the Civil Aviation Regulations; or
(b) by the Civil Aviation Authority under regulation 89 of those Regulations;”.
2.4 Definitions of “landing permit” and “mooring area”:
Omit the definitions, substitute:
“
2.5 Definitions of “pound” and “road or track”:
Omit the definitions, substitute:
“
2.6 Definitions of “traditional Aboriginal owners” and “traffic sign”:
Omit the definitions, substitute:
“
‘traffic sign’ means a sign referred to in regulation 14;”.
2.7 Insert the following definitions:
“
(a) on a vessel in Kakadu National Park; or
(b) in a vehicle;
’
(a) Aboriginal remains; or
(b) an Aboriginal artefact; or
(c) an Aboriginal painting, carving, engraving or imprint; or
(d) an historic relic;
3.1 Omit the regulation, substitute:
“2a. (1) Regulations 3, 5 and 5a, paragraph 6 (1) (b) and regulations 7aa, 7ab, 7ac, 7c, 8, 8a, 8b, 8c, 8d, 9, 10a, 11, 14, 15, 16, 16aaa and 17 do not apply in the township.
Regulations 3 and 4, subregulation 5 (1), paragraph 6 (1) (b), regulation 6b, subregulations 6c (1) and 6d (1), regulation 7c, subregulation 8 (4), regulations 8a and 8c, subregulation 10 (1), paragraphs 10a (4) (a) and (c), subregulation 10a (5), regulation 10b, subregulations 11 (1) and (6) and regulation 16 do not apply to:
(a) the Director or a ranger or warden acting in the performance of his or her duties; or
(b) an approved person.
Subregulation 10 (1), paragraphs 10a (4) (a) and (c), subregulation 10a (5), regulation 10b and subregulations 11 (1) and (6) do not apply to a person in an aircraft or a hovercraft or vehicle or on a vessel, as the case may be, if:
(a) the Director, a ranger or warden or an approved person is in the aircraft, hovercraft or vehicle or on the vessel; and
(b) the person is assisting the Director, ranger, warden or approved person to perform his or her duties.
These Regulations do not apply to the Norfolk Island National Park or the Norfolk Island Botanic Garden.
“2aaaa. For the purposes of these Regulations, the Minister may approve an officer or employee of the Commonwealth or of a Territory or a member of the staff of a public authority of the Commonwealth or of a Territory who:
(a) in the case of an officer or employee of a Department of State of the Commonwealth or member of the staff of a public authority of the Commonwealth—is approved by the Minister administering:
(i) that Department; or
(ii) the Act by which the authority is established; and
(b) in the case of an officer or employee of a Territory Department or a member of the staff of a public authority of a Territory—is approved by the Territory Minister administering:
(i) that Department; or
(ii) the Territory Act or Ordinance by which the authority is established.”.
4.1 Omit “the Kakadu National Park” (wherever occurring), substitute “Kakadu National Park”.
5.1 Subregulation 2b (1):
Omit “14”, substitute “4”.
5.2 Subregulation 2b (1):
Omit “Penalty: $500”, substitute “Penalty: $1,000”.
5.3 Subregulation 2b (2):
Add at the end:
“; and (c) must give the person written advice of a determination (if any) made under subregulation 9 (1) or (2) (“fishing other than commercial fishing”) in relation to the park or reserve in respect of which the amount was paid; and
(d) if the amount is paid for use of services or facilities at a camping area—must give the person a copy of a statement of the determination referred to in subregulation 5a (4) that relates to the camping area.”.
5.4 Subregulation 2b (3):
Omit the subregulation, substitute:
A person to whom a request is made under subregulation (1) who is not required to pay the amount of the charge when the request is made must:
(a) state his or her full name and usual place of residence to the ranger or warden; and
(b) produce for inspection by the ranger or warden an authority or a licence or permit issued to the person indicating the name and usual place of residence of the person.
Penalty: $1,000.”.
6.1 Omit the regulation, substitute:
“2c. If a ranger or warden so directs, a person must not drive or ride a vehicle beyond an entrance station until the ranger or warden indicates that the person may drive or ride the vehicle beyond the entrance station.
Penalty: $1,000.
(1) A person must not, in a park or reserve, deposit rubbish, not being rubble or commercial, household or industrial waste, elsewhere than in an area or receptacle approved or provided for that purpose by the Director.
Penalty: $1,000.
A person must not, in a park or reserve, damage, destroy or remove:
(a) a natural feature or an object or a structure erected by the authority of the Director; or
(b) an artefact fixed to a natural feature or an object or a structure of that kind by the authority of the Director.
Penalty: $2,000.
A person must not, in a park or reserve, deface or disfigure:
(a) a natural feature or an object or a structure erected by the authority of the Director; or
(b) an artefact fixed to a natural feature or an object or a structure of that kind by the authority of the Director.
Penalty: $2,000.
“(4) A person must not, in a park or reserve:
(a) deposit rubble or any commercial, household or industrial waste elsewhere than in an area approved or provided for the purpose by the Director; or
(b) deposit solid material in an area of water or a watercourse; or
(c) release liquid or gaseous material in a place or manner, or at a time, that is likely:
(i) to pollute an area of water or a watercourse; or
(ii) to be harmful or offensive to people; or
(iii) to be harmful to wildlife.
Penalty: $5,000.”.
7.1 Omit the regulation, substitute:
(1) A person must not, in a park or reserve:
(a) intentionally, without reasonable excuse, or recklessly kill, injure or interfere with an animal that is wildlife; or
(b) take or have in his or her possession, without reasonable excuse, an animal that is wildlife; or
(c) intentionally or recklessly destroy, damage or interfere with the nest or other dwelling place of an animal that is wildlife; or
(d) knowingly sell or purchase an animal that is wildlife.
Penalty: $5,000.
A person must not, in a park or reserve:
(a) intentionally, without reasonable excuse, or recklessly kill or damage a plant that is wildlife; or
(b) take or have in his or her possession, without reasonable excuse, a plant that is wildlife; or
(c) knowingly sell or purchase a plant that is wildlife.
Penalty: $5,000.
A person must not, except in accordance with a permit or with reasonable excuse, remove an animal or plant that is wildlife from a park or reserve.
Penalty: $2,000.
A person must not, without reasonable excuse, in a park or reserve, feed an animal that is wildlife.
Penalty: $2,000.
A person must not:
(a) dismember, eviscerate or skin the carcase of an animal, other than a fish, that is in Kakadu National Park under paragraph 6c (2) (c) (“taking of animals into parks or reserves”); or
(b) clean a fish taken under regulation 9 (“fishing other than commercial fishing”);
within 50 metres of an area of water in Kakadu National Park.
Penalty: $2,000.
Paragraph (1) (a) or (b) does not apply to a person who takes fish from an area of water in a park or reserve in accordance with regulation 9.
Paragraph (2) (a) or (b) does not apply to a person in the township who:
(a) takes firewood from a fallen or felled tree; and
(b) does not remove the firewood from Kakadu National Park.
Paragraph (2) (a) or (b) does not apply to a person who:
(a) is camping in accordance with subregulation 5 (1); and
(b) takes firewood from a fallen tree that is not in a park or reserve, or a part of a park or reserve, to which access is prohibited under regulation 8; and
(c) does not remove the firewood from the park or reserve.
Subregulation (3) does not apply to fish taken from an area of water in a park or reserve in accordance with regulation 9.”.
8.1 Subregulations 5 (1), (2), (3) and (4):
Omit the subregulations, substitute:
A person must not camp in a park or reserve other than in a camping area or in accordance with a permit.
Penalty: $1,000.
If a permit is issued to a person, the permit must have with it a notice about any determination made under subregulation 9 (1) or (2) (“fishing other than commercial fishing”) in relation to the park or reserve.”.
8.2 Subregulation 5 (5):
Omit “camping”.
8.3 Subregulation 5 (6):
Omit the subregulation, substitute:
It is a defence to proceedings for an offence against subregulation (1) if the camping by the defendant otherwise than in a camping area, or otherwise than in accordance with the permit, was due to an emergency.”.
9.1 After regulation 5, insert:
“5a. (1) The Director may determine in writing:
(a) that a part of a park or reserve is a camping area; and
(b) that a part of a camping area is a camping site.
The determination must specify:
(a) a camping area or camping site by reference to natural features, other objects, structures or survey points; and
(b) state:
(i) the name by which the camping area is to be known; or
(ii) the name or number by which the camping site is to be known.
“(3) The Director may, in respect of an area that is a camping area or a part of a camping area, determine in writing:
(a) the maximum length of time persons may camp in the area, during a specified time of the year or at any time; and
(b) the maximum number of persons who may camp in the area at the same time; and
(c) the maximum number of camping sites in the area that may be occupied at the same time; and
(d) that the area is set aside for a specified kind of camping or for camping by specified persons; and
(e) that the area is not to be used for camping for a specified period; and
(f) that portable generators may be operated in the area; and
(g) the times of day when portable generators may be operated in the area.
If the Director makes a determination under subregulation (3), he or she must cause a sign to be erected at the entrance station to the park or reserve where the camping area is located that:
(a) shows the approximate location of the camping area; and
(b) includes a statement of the determination that is sufficient to inform a person who reads the statement of the substance of the determination.
The Director must cause to be erected at each road entrance to a camping area a sign that includes the name of the camping area.
A person must not, in an area that is a camping area or part of a camping area:
(a) camp for a period longer than a period in a part of the year specified on a sign, being a sign erected under subregulation (4) in relation to that camping area or part of a camping area (in this subregulation called
‘camping area sign’ ); or(b) camp if, by camping, the maximum number of campers specified on a camping area sign would be exceeded; or
(c) camp in contravention of a statement referred to in paragraph (4) (b) that is on a camping area sign; or
(d) camp in a period in a part of the year specified on a camping area sign; or
(e) operate a portable generator elsewhere than in an area specified on a camping area sign in relation to the operation of portable generators; or
(f) operate a portable generator at a time of day other than a time specified on a camping area sign in relation to the operation of portable generators.
Penalty: $500.
A ranger or warden may direct that a person camp in a camping area on a camping site specified in the direction.
A person given a direction by a ranger or warden under subregulation (7) must not camp on a camping site other than the camping site specified in the direction.
Penalty: $500.”.
10.1 Omit the regulation, substitute:
(1) A person must not light, maintain or use a fire in a park or reserve:
(a) while a declaration under subregulation (2) is in force; or
(b) at any other time—other than:
(i) in a portable barbecue or stove; or
(ii) in a fireplace provided by the Director; or
(iii) in a place approved by the Director; or
(iv) in accordance with a permit.
Penalty: $5,000.
The Director may declare in writing:
(a) a period specified in the declaration to be a period of total fire ban; and
(b) that the lighting, maintenance or use of a fire is prohibited;
in the park or reserve or part of a park or reserve to which the declaration relates, if he or she reasonably believes that it is necessary for the protection of public safety, wildlife or the area to which the declaration relates to prohibit the lighting, maintenance or use of fires in that area.
Subject to subregulation (4), notice of a declaration:
(a) must be published in a newspaper circulating in the area to which the declaration relates; and
(b) must be prominently displayed on a sign:
(i) at the entrance station of the park or reserve where that area is located; and
(ii) at the road entrance to the area.
The Director must give notice of a declaration having regard to the forms of communication available for giving notice to persons likely to be in the area to which the declaration relates if:
(a) no newspaper circulates in that area; or
(b) it is not practicable to display the notice at the entrance station or road entrance to the area.”.
11.1 Omit the regulation, substitute:
“6a. (1) A person must not, except in accordance with a permit or with reasonable excuse:
(a) bring into a park or reserve; or
(b) remove from a park or reserve;
clay, earth, gravel, sand or stone.
Penalty: $2,000.
It is not a defence to a prosecution for an offence against subregulation (1) that the defendant has taken a pebble or stone flake as a souvenir from a natural feature in a park or reserve.
A person must not, except in accordance with a permit, use, or have in his or her possession, in a park or reserve a metal detector.
Penalty: $2,000.
A person must not, except in accordance with a permit, fossick in a park or reserve.
Penalty: $2,000.
“(5) For the purposes of subregulation (4), fossicking is taken to include:
(a) use of:
(i) a metal detector; or
(ii) a panning dish, a powered fan or a sieve to separate mineral materials of different sizes; or
(iii) a pump to remove mineral materials from the bed of a watercourse or body of water; or
(iv) a riffle or sluice box in the manner in which it was designed to be used; and
(b) excavating, digging, raking or shovelling clay, earth, gravel, sand or stone in order to find other mineral materials.
A person must not, except in accordance with a permit, have in his or her possession a fossil in, or remove a fossil from, a park or reserve.
Penalty: $2,000.
A person must not, except in accordance with a permit, use, or have in his or her possession, explosives in a park or reserve.
Penalty: $5,000.
“6b. (1) A person must not in a park or reserve, except in accordance with a permit use, or have in his or her possession:
(a) a firearm; or
(b) a net designed to take an animal, other than a hand-held net designed to land a fish caught on a hook and line; or
(c) a flail or spear; or
(d) a snare or trap; or
(e) a hunting-bow, speargun or any other device designed to discharge a projectile.
Penalty: $2,000.
Paragraph (1) (a) does not apply to:
(a) the possession by a person who is a resident of the township of a firearm:
(i) in the township; or
(ii) in a place in Kakadu National Park that is occupied under a lease or licence from the Director for the purposes of recreational shooting; or
(b) the possession by a person who is a resident of the township of a firearm who is transporting the firearm:
(i) to or from a place referred to in subparagraph (a) (i) or (ii); or
(ii) on the Arnhem or Kakadu Highway; or
(c) the use by a person who is a resident of the township of a firearm at a place referred to in subparagraph (a) (ii);
being a firearm that is registered under a law of the Northern Territory relating to the registration of firearms.
Paragraph (1) (a) does not apply to a police officer who is acting in that capacity.
Paragraph (1) (b) does not apply to the possession of a prawning net by a person in Jervis Bay National Park who is going directly to a place in the City of Shoalhaven in New South Wales where the net may be used lawfully to take prawns.
“6c. (1) A person must not:
(a) intentionally or recklessly cause or permit an animal owned by, or in the possession of, the person, to enter a park or reserve; or
(b) have an animal in his or her possession in a park or reserve.
Penalty: $1,000.
Subregulation (1) does not apply to:
(a) the use of a guide dog by a blind person; or
(b) the taking into, or possession in, a park or reserve, of an animal in accordance with a permit; or
(c) the taking of the carcase of an animal into a park or reserve as food for the person.
The Director must not grant a permit unless he or she reasonably believes that the animal will be kept under such restraint as is necessary to prevent the animal from straying in the park or reserve.
“(4) A person who, in accordance with a permit, takes an animal into, or has in his or her possession an animal in, a park or reserve must not:
(a) permit the animal to be at large in the park or reserve; or
(b) in the case of a person who lives in the park or reserve—fail to remove the animal from the park or reserve when the person leaves the park or reserve if he or she ceases to live there; or
(c) in any other case—fail to remove the animal from the park or reserve when the person leaves the park or reserve.
Penalty: $1,000.
It is a defence to a prosecution for an offence against paragraph (4) (b) or (c) that the person has transferred the ownership of the animal to another person in the park or reserve in accordance with a permit.
“6d. (1) A person must not knowingly take a plant into, have in his or her possession a plant in, or cause or permit a plant to be taken into, a park or reserve.
Penalty: $1,000.
Subregulation (1) does not apply to:
(a) the taking into the township of a plant of a kind included by the Director on a list of plants given by the Director to the Authority and to residents of the township; or
(b) the taking of a plant into a park or reserve in accordance with a permit; or
(c) the taking of a plant into a park or reserve for the purpose of cultivating or propagating the plant on land held under a lease or licence granted by the Director, if the plant may be cultivated or propagated in accordance with the lease or licence; or
(d) the taking of a plant into a park or reserve as food.”.
12.1 Omit the regulation, substitute:
(1) A person must not cultivate or propagate a plant in a part of Kakadu National Park that is not in the township or in another park or reserve, except in accordance with:
(a) a permit; or
(b) if the part of Kakadu National Park or the other park or reserve is occupied by the person under a lease or licence granted by the Director—the lease or licence.
Penalty: $2,000.
A person must not cultivate or propagate in the township a plant of a kind that is not:
(a) indigenous to Kakadu National Park; or
(b) specified under paragraph 6d (2) (a).
Penalty: $2,000.
If a plant that is not:
(a) cultivated or propagated in accordance with a permit; or
(b) cultivated or propagated on land held under a lease or licence granted by the Director in accordance with the lease or licence;
is growing on land in Kakadu National Park outside the township or in another park or reserve that is occupied by a person, the Director may direct the person in writing to remove the plant from the land in accordance with the terms of the direction.
If a plant that is not:
(a) indigenous to Kakadu National Park; or
(b) a plant of a kind specified under paragraph 6d (2) (a);
is growing on land in the township occupied by a person, the Director may give the person a direction in writing to remove the plant from the land in accordance with the terms of the direction.
A person must comply with a direction given to the person under subregulation (3) or (4).
Penalty: $2,000.
“(6) A ranger or warden may destroy or remove from a park or reserve a plant:
(a) that is cultivated or propagated in contravention of subregulation (1) or (2); and
(b) in respect of which a direction has been given, but not complied with, under subregulation (3) or (4).
“7aaa. (1) The Director may, if he or she considers it necessary for the protection and conservation of wildlife or the protection and preservation of a park or reserve, or a part of a park or reserve, take such reasonable measures as he or she considers necessary for the control of animals and plants that are not wildlife.
Nothing in subregulation (1) applies in relation to cattle, horses or sheep.
“7aab. (1) The Director may:
(a) establish and maintain a pound; and
(b) for the purposes of this regulation, enter into an arrangement with the Authority or another body for use of a pound established by the Authority or other body.
The Director may impound an animal that is not wildlife that is found straying in a park or reserve.
If the Director impounds an animal, he or she must:
cause the animal to be removed to a pound; and
take reasonable steps to identify the owner of the animal.
If an impounded animal does not carry any means by which its owner may be identified, the steps to be taken by the Director under paragraph (3) (b) include publishing an advertisement that includes:
(a) a description of the animal; and
(b) the date when, and area of the park or reserve where, the animal was impounded;
in a newspaper circulating in the area where the park or reserve is located.
The Director must release an impounded animal to the owner of the animal on payment of the cost of impounding the animal.
The cost of impounding an animal includes:
(a) the cost of removing the animal to a pound; and
(b) the cost of identifying the owner of the animal; and
(c) in the case of a pound referred to in paragraph (1) (a):
(i) costs of providing staff at the pound that are reasonably attributable to the management of the animal; and
(ii) the cost of feeding and watering the animal; and
(d) in the case of a pound referred to in paragraph (1) (b)—the amount that the Director is charged by the Authority or other body for the use of the pound in respect of the animal; and
(e) in any other case, expenses of the Director in respect of the animal.
If an animal is not claimed before the end of a period of 7 days beginning on the day when the animal was impounded, the Director may destroy or otherwise dispose of the animal in such manner as he or she thinks fit.”.
13.1 Subregulations 7aa (1), (2), (3) and (4):
Omit “without the permission in writing of the Director”, substitute “other than in accordance with a permit”.
13.2 Subregulation 7aa (5):
Omit “shall not grant permission”, substitute “must not grant a permit”.
13.3 Subregulation 7aa (5):
Add at the end:
“; and (c) in the case of commercial fishing—not contravene a law of the Commonwealth or a Territory in respect of commercial fishing”.
13.4 Subregulations 7aa (6), (7) and (8):
Omit the subregulations.
14.1 After regulation 7aa, insert:
“7ab. (1) A person must not collect from members of the public in a park or reserve money or goods as gifts, other than in accordance with a permit.
Penalty: $500.
The Director must not grant a permit under subregulation (1) if the grant of the permit would result in 2 or more permits being granted in respect of the same place and the same period.
“7ac. (1) A person must not organise or attend a public gathering of more than 15 persons in a park or reserve.
Subregulation (1) does not apply:
(a) in an emergency; or
(b) to a gathering that is, or involves, an activity in respect of which the person:
(i) has been granted a permit for the purposes of this regulation; or
(ii) has been granted a permit under regulation 20aB for the purposes of a provision of these Regulations other than this regulation; or
(c) to an activity referred to in a plan of management for the park or reserve, or a part of the park or reserve, in which the gathering is taking place or is to take place, as being envisaged by, or consistent with, the plan of management; or
(d) to a gathering in which the traditional Aboriginal owners (if any) of the park or reserve, or the part of the park or reserve, where the gathering is taking place or is to take place, are participating or are to participate; or
(e) to a gathering taking place, or to take place, on land occupied under a lease or licence granted by the Director.
Penalty: $500.
Subject to subregulation 20ab (2) (“permit for an activity”), the Director must grant a permit referred to in subparagraph (2) (b) (i), if:
(a) the activity in relation to which the application for the permit relates is approved in writing by the Board (if any) for the park or reserve, or the part of the park or reserve, where the gathering is to take place; and
(b) the activity would not result in the capacity of:
(i) a parking area; or
(ii) fireplace or toilet facilities provided by the Director;
being exceeded; and
(c) grant of the permit would not result in 2 or more permits being granted in respect of the same place and the same period.”.
15.1 Subregulation 7a (1):
Omit “the consent in writing of the Director”, substitute “a permit”.
15.2 Subregulations 7a (2), (3) and (4):
Omit the subregulations.
15.3 Subregulation 7a (5):
After “applies to the”, insert “reasonable”.
16.1 Subregulation 7b (1):
Omit the subregulation.
16.2 Subregulation 7b (2):
Omit “under sub-regulation (1)”.
16.3 Subregulations 7b (3), (4) and (5):
Omit the subregulations.
17.1 Subregulation 7c (1):
Omit “the Director may approve the carrying on of the activity in the park or reserve”, substitute “the activity may be carried on in accordance with a permit”.
17.2 Subregulation 7c (2):
Omit the subregulation.
17.3 Subregulation 7c (3):
Omit “the approval in writing of the Director”, substitute “a permit”.
17.4 Subregulation 7c (4):
Omit the subregulation, substitute:
If a person carries on an activity in contravention of subregulation (3), the person is, in respect of each day, or part of a day, when he or she carries on the activity, guilty of an offence.
Penalty: $1,000.”.
18.1 Omit the regulation, substitute:
“7d. (1) The Director may determine in writing that a part of a park or reserve where an historic relic is located is an historic site.
The determination must:
(a) specify an historic site by reference to natural features, other objects, structures or survey points; and
(b) state the name by which the site is to be known.
If the Director makes a determination under subregulation (1), he or she must cause to be erected:
(a) a sign at the entrance station to the park or reserve where the historic site is located that shows the approximate location of the historic site; and
(b) a sign at the historic site that includes the name of the historic site.
A person must not in a park or reserve, except in accordance with a permit:
(a) intentionally or recklessly damage, deface or otherwise interfere with, an archaeological or historic site or a relic on the site; or
(b) intentionally remove a relic from an archaeological site or historic site; or
(c) intentionally have in his or her possession a relic from an archaeological site or historic site.
Penalty: $5,000.
“(5) Subregulation (4) does not apply to the traditional Aboriginal owners of land where an archaeological site is situated in respect of that site.
It is a defence to a prosecution for an offence against subregulation (4) if the defendant proves that he or she had no reasonable grounds to suspect:
(a) that the object that he or she removed was a relic; or
(b) that the site was an archaeological site or historic site.
“7e. (1) If a ranger or warden believes that the safety of a person in a park or reserve is, or is likely to be, endangered, the ranger or warden may give that person or another person such directions as are reasonably necessary to ensure the safety of the person.
A person to whom a direction is given must comply with the direction.
Penalty: $1,000.”.
19.1 Paragraph 8 (1) (a):
Add at the end “or”.
19.2 Subregulation 8 (2):
Omit “persons or persons included in a class of persons”, substitute “a person”.
19.3 Paragraph 8 (2) (a):
Add at the end “or”.
19.4 Subregulation 8 (2):
Omit “those persons or persons included in that class of persons”, substitute “that person”.
19.5 After paragraph 8 (2) (aa), insert:
“(ab) it is necessary to prohibit access to a park or reserve, or a part of a park or reserve, in order to maintain the privacy of a cultural event to be held, in the park or reserve, or the part of the park or reserve, by the traditional Aboriginal owners of the park, reserve or part of the park or reserve; or”.
19.6 Subregulation 8 (4):
Omit the subregulation, substitute:
A person must not enter a park or reserve or a part of a park or reserve in contravention of a prohibition under subregulation (1) or (2) otherwise than:
(a) in accordance with a permit; or
(b) in the company of the Director or a ranger or warden acting in the performance of his or her duties.
Penalty: $1, 000”.
19.7 Subparagraph 8 (5) (a) (i):
Omit “the existence of”.
20.1 Omit the regulation, substitute:
“8a. (1) A person, other than an authorised person, must not in a park or reserve, except in an emergency or in accordance with a permit, use a road or track the entrance to which is clearly indicated by a sign that includes the words ‘AUTHORISED PERSONS ONLY’.
Penalty: $1,000.
In subregulation (1),
21.1 Paragraphs 8c (2) (b), (c) and (d):
Omit the paragraphs, substitute:
“or (b) a person to whom the Director has granted a permit;”.
21.2 Subregulation 8c (2):
Omit “Penalty: $500.”, substitute “Penalty: $5,000.”.
22.1 Omit the regulation.
23.1 Omit the regulation.
24.1 Omit the regulation, substitute:
(1) The Director may determine in writing that an area of water in a park or reserve is an area where, at any time or for a period specified by the Director in the determination, fishing is prohibited.
The Director may determine in writing:
(a) that an area of water in a park or reserve is an area where fishing is subject to conditions; and
(b) the kind of fish that a person in the area must not take; and
(c) the number of fish that may be taken in the area by a person in a day.
Subject to subregulation (4), notice of a determination must be:
(a) published in a newspaper that is circulated in the area where the park or reserve is located; and
(b) prominently displayed on a sign at each entrance station in the park or reserve.
The Director must give other notice of a determination, having regard to the forms of communication available for giving notice, to persons likely to be in the area to which the determination relates, if:
(a) no newspaper is circulated in that area; or
(b) it is not practicable to display the notice at an entrance station.
A person must not:
(a) fish in an area of water where fishing is prohibited at any time under subregulation (1); or
(b) fish in an area of water in a period when fishing is prohibited under subregulation (1); or
(c) fish in an area of water for a kind of fish that must not be taken in the area in accordance with a determination under subregulation (2); or
(d) take in a day in an area of water a number of fish that exceeds the number that may be taken in the area in accordance with a determination under subregulation (2).
Penalty: $2,000.
A person who is fishing in an area of water in a park or reserve must not:
(a) use equipment that allows the person to breathe under the surface of the water; or
(b) take fish using equipment other than:
(i) a rod and line to which a hook is attached; or
(ii) a hand-held line to which a hook is attached; or
(iii) a hand-held net designed to land a fish caught on a hook to which a line is attached.
Penalty: $2,000.
A person must not use as bait for fishing in a park or reserve an animal that is wildlife, other than a fish taken in accordance with these Regulations.
Penalty: $500.
A person must not fish in a park or reserve by leaving a fishing line unattended.
Penalty: $500.
This regulation is in addition to any law of a Territory that is:
in respect of fishing; and
in force in the park or reserve.
“10. (1) A person must not in a park or reserve, except in an emergency:
(a) taxi an aircraft, other than in a landing area; or
(b) land or take-off an aircraft, other than in accordance with a permit.
Penalty: $1,000.
“(2) The Director must cause to be erected in a landing area a prominent sign that includes the words ‘LANDING AREA’.
This regulation is in addition to the Civil Aviation Regulations.
“10a. (1) The Director may, in respect of an area of water in a park or reserve, determine in writing:
(a) that use of vessels is prohibited; and
(b) the maximum speed at which a vessel may proceed; and
(c) that a vessel is not to be used during a specified period; and
(d) the maximum number of vessels to be used at the same time; and
(e) that a vessel is not to be launched except from a launching area; and
(f) that a vessel is not to be moored overnight except in a mooring area;
if he or she reasonably believes that the determination is required for the purposes of the proper management of the area, promoting public safety or protecting wildlife.
If the Director makes a determination under paragraph (1) (a), (b), (c) or (d), he or she is to cause to be erected, as close to the area of water as is reasonably practicable, a sign that includes a description of the area of water and:
(a) in the case of a determination under paragraph (1) (a):
(i) a statement to the effect that use of boats in the area is prohibited; or
(ii) where the determination does not apply to all vessels—a statement to the effect that use of a vessel described in the statement is prohibited in the area; and
(b) in the case of a determination under paragraph (1) (b)—the words ‘MAXIMUM SPEED OF BOATS’ followed by the speed so determined, expressed in knots; and
(c) in the case of a determination under paragraph (1) (c)—the times of day or days when a vessel is not to be used; and
(d) in the case of a determination under paragraph (1) (d)—the words ‘BOATING ONLY WITH A PERMIT’ followed by a statement to the effect that:
(i) the number of permits issued is subject to the maximum number of vessels specified in the determination; or
(ii) where the determination does not apply to all vessels—the number of permits issued is subject to the maximum number of vessels specified in the determination of a kind specified in the determination.
If the Director makes a determination under paragraph (1) (e) or (f):
(a) the determination must specify the launching area or mooring area by reference to natural features, other objects, structures or survey points; and
(b) the Director must cause to be erected:
(i) a sign at the entrance station to the park or reserve where the launching area or mooring area is located that shows the approximate location of the area of water and the launching area or mooring area; and
(ii) a sign at the launching area that includes the words ‘LAUNCHING AREA—BOATS MUST BE LAUNCHED AT DESIGNATED LAUNCHING AREAS’; and
(iii) a sign at the mooring area that includes the words ‘MOORING AREA—BOATS MUST BE MOORED OVERNIGHT AT DESIGNATED MOORING AREAS’.
In an area of water in respect of which a determination under paragraph (1) (a), (b), (c) or (d) is in force, a person must not:
(a) use a vessel if a sign is erected under paragraph (2) (a) or (d) in respect of the area of water; or
(b) cause a vessel to proceed at a speed that exceeds the speed specified on a sign erected under paragraph (2) (b) in respect of the area of water; or
(c) use a vessel in a period specified on a sign erected under paragraph (2) (c) in respect of the area of water;
except in accordance with a permit or in an emergency.
Penalty: $1,000.
“(5) In an area of water in respect of which a determination under paragraph (1) (e) or (f) is in force, a person must not:
(a) launch a vessel from a place that is not in a launching area; or
(b) moor a vessel overnight in a place that is not in a mooring area;
except in accordance with a permit or in an emergency.
Penalty: $1,000.
The Director must grant a permit to use a vessel in an area of water in respect of which a determination under paragraph (1) (d) is in force if the grant of the permit would not result in the maximum number of vessels authorised in relation to the area exceeding the number of vessels authorised in the determination.
“10b. A person must not pilot a hovercraft in a park or reserve, except in accordance with a permit or in an emergency.
Penalty: $1,000.
(1) A person must not, except in accordance with a permit or in an emergency, drive or ride a vehicle in a park or reserve except:
(a) on a road that is not a service road; or
(b) on a public access track; or
(c) in a camping area or parking area.
Penalty: $1,000.
It is a defence to a prosecution for an offence against subregulation (1) in respect of a service road if the defendant proves that when the offence is alleged to have occurred a sign was not erected under paragraph 14 (1) (e) at the junction of the service road with a public access track, or another road that is not a service road, by which he or she gained access to the first-mentioned service road.
The Director must not grant a permit if he or she believes that use of the vehicle is likely to:
(a) cause the condition of the service road or track to which the application relates to deteriorate significantly; or
(b) cause the condition of another part of the park or reserve to be significantly degraded.
The Director may, by notice in writing, prohibit or restrict the use of vehicles on a road or public access track in a park or reserve, if he or she believes that:
(a) any use of vehicles; or
(b) unrestricted use of vehicles;
on the road or public access track is likely to:
(c) endanger public safety; or
(d) interfere with the management or protection of wildlife; or
(e) cause the condition of the road or track to deteriorate significantly; or
(f) cause the condition of another part of the park or reserve to be significantly degraded.
The Director must cause notice of a prohibition or restriction to be prominently displayed on a sign at a junction of the road or public access track with another road or a public access track.
A person must not drive or ride a vehicle on a road or public access track in contravention of a prohibition or restriction under subregulation (4).
Penalty: $1,000.
It is a defence to proceedings for an offence against subregulation (6) if the defendant proves that:
(a) the driving or riding of the vehicle on the road or public access track was due to an emergency; or
(b) when the offence is alleged to have occurred, a sign was not erected under subregulation (5) at the junction of the road or public access track referred to in that subregulation with another road or public access track by which he or she gained access to the first-mentioned road or track.”.
25.1 Omit the regulation.
26.1 Omit the regulation.
27.1 Subregulation 14 (1):
Omit all the words before paragraph (a), substitute “The Director may authorise in writing the display or erection of signs in a park or reserve for the following purposes:”.
27.2 Paragraph 14 (1) (c):
Omit “or the mooring of vessels”.
27.3 Paragraphs 14 (1) (d), (e) and (f):
Omit the paragraphs, substitute:
“(d) designating a track as a public access track;
(e) designating a road or track as a service road;
(f) designating a road or public access track as a one way traffic carriageway.”.
27.4 Subregulations 14 (3), (4), (5), (6) and (7):
Omit the subregulations, substitute:
A sign erected for the purpose of designating a track as a public access track must include the words ‘PUBLIC ACCESS TRACK’.
A sign erected for the purpose of designating a road or track as a service road must include the words ‘SERVICE ROAD—WALKERS ONLY’.
A sign erected for the purpose of designating a road or public access track as a one way traffic carriageway must include the words ‘ONE WAY’ and an arrow indicating the direction in which a vehicle using the road or track must proceed.”.
28.1 Paragraph 15 (1) (a):
Omit “or track” (first occurring), substitute “or public access track in a park or reserve”.
28.2 Subregulation 15 (1):
Omit “Penalty: $200.”, substitute “Penalty: $500.”.
28.3 Subregulation 15 (2):
Omit “or track” (first occurring), substitute “or public access track in a park or reserve”.
29.1 Subregulation 16 (1):
Omit “or track” (first occurring), substitute “or public access track in a park or reserve”.
29.2 Paragraph 16 (1) (a):
Omit “intersection or”.
29.3 Paragraph 16 (1) (a):
Omit “or track” (second occurring), substitute “or public access track”.
29.4 Paragraph 16 (2) (b):
Omit the paragraph, substitute:
on a road or public access track.”.
29.5 Subregulations 16 (3) and (4):
Omit the subregulations, substitute:
A person must not, except in an emergency, park a vehicle in a park or reserve in such a manner as to unreasonably obstruct the passage of other vehicles.
A person must not, except in an emergency, park a vehicle in such a manner as to obstruct access to a boat ramp in a launching area.
A person who is camping in a camping area may park his or her vehicle in the camping area.”.
30.1 After regulation 16, insert:
“16aaa. A person must not use a motor vehicle on a road or public access track in a park or reserve in the direction opposite to the direction indicated by the arrow on a traffic sign erected under paragraph 14 (1) (f) in respect of the road or track.
Penalty: $500.
“16aab. (1) A person must not in a park or reserve:
(a) display or erect a sign, or a similar device, that is likely to be mistaken for a sign erected under these Regulations; or
(b) damage, obscure or remove a sign erected under these Regulations.
Penalty: $500.
A person must not, except in accordance with:
(a) a permit; or
(b) a lease or licence granted by the Director;
display or erect a sign, banner, hoarding or like device, not being a sign to which paragraph (1) (a) applies, in a park or reserve or on land occupied under the lease or licence.
Penalty: $500.
A sign or other device displayed or erected in a park or reserve that purports to be a sign for the purposes of these Regulations is, unless the contrary is established, taken to have been displayed or erected by the Director.”.
31.1 Omit the definitions of “protected animal” and “protected plant”, substitute:
“
(a) in relation to a Territory specified in paragraph 16ab (1) (a)—an animal that is wildlife, other than:
(i) an animal taken in accordance with a law of the Commonwealth, or of a Territory, in relation to commercial fishing; or
(ii) an animal declared under regulation 16ABA not to be a protected animal; or
(b) in relation to waters referred to in paragraphs 16ab (1) (b) and (c)—an animal specified in Schedule 1, 2 or 3;
‘protected plant’ means:
(a) in relation to a Territory specified in paragraph 16ab (1) (a)—a plant that is wildlife, other than a plant declared under regulation 16ABA not to be a protected plant; and
(b) in relation to waters referred to in paragraphs 16ab (1) (b) and (c)—pelagic algae;”.
32.1 Omit the regulation, substitute:
“16ab. (1) Subject to subregulation (2), this Part applies only:
(a) in:
(i) the Coral Sea Islands Territory; and
(ii) the Territory of Christmas Island; and
(iii) the Territory of Cocos (Keeling) Islands; and
(b) in or on waters of the Australian coastal sea that are adjacent to, and on the seaward side of:
(i) in the case of a State—the coastal waters of the State within the meaning of the
Coastal Waters (State Powers) Act 1980 ; and(ii) in the case of the Northern Territory—the coastal waters of the Territory within the meaning of the
Coastal Waters (Northern Territory Powers) Act 1980 ; and(c) in or on the waters above the continental shelf of Australia; and
(d) on or in the sea-bed and subsoil beneath those waters; and
(e) in the airspace above those waters.
This Part does not apply in:
(a) a park or reserve; or
the Great Barrier Reef Marine Park.
“16ABA. (1) The
Minister may declare, in a notice published in the
(a) an animal, other than an animal specified in Schedule 1, 2 or 3, is not a protected animal; and
(b) a plant is not a protected plant.
“(2) The Minister may declare, in a notice
published in the
(a) that paragraphs 16ai (1) (a) and (c) and (2) (a) and (c) do not apply to an act that is done in relation to a protected animal; and
(b) that paragraph 16ai (3) (a) does not apply to an act that is done in relation to a protected plant;
if the act is:
(c) done in the course of a lawful activity described in the declaration; and
(d) unavoidable in the course of carrying out that activity; and
(e) not done recklessly.
A declaration has effect only in a Territory, or a part of a Territory, that:
(a) is a Territory, or a part of a Territory, referred to in paragraph 16ab (1) (a); and
(b) is specified in the notice.
A declaration relating to the Territory of
Cocos (Keeling) Islands or to the Territory of Christmas Island must be
published in the
Subject to subregulation (6), notice of a declaration must be published in a newspaper circulating in the area to which the declaration relates.
If a newspaper does not circulate in an area to which the declaration relates, the Minister must give notice of the declaration having regard to the forms of communication available for giving notice to persons likely to be in the area.”.
33.1 Paragraph 16ac (2) (g):
Omit the paragraph, substitute:
“(g) be accompanied by the fee (if any) payable for the licence.”.
33.2 Subregulation 16ac (3):
Omit the subregulation.
34.1 Omit the regulation, substitute:
“16AD. (1) The Director may:
(a) grant a licence to carry out an activity specified in an application made in accordance with regulation 16AC; and
(b) charge a fee for the grant of the licence;
if:
(c) the activity:
(i) is not likely to affect adversely the population of a protected animal or protected plant (including an animal or plant other than that to which the application relates); and
(ii) the purpose of the activity is scientific research into, educational study of, or non-commercial propagation of, the protected animal or the protected plant to which the application relates; and
(d) the applicant has not, within 3 years immediately preceding the date of the application, been convicted of an offence against the Act, these Regulations or a prescribed law.
A licence that has effect in a Territory, or in a part of a Territory, specified in paragraph 16AB (1) (a) may also be granted if:
(a) the activity specified in the application:
(i) does not involve the killing, taking, keeping, sale or purchase of an animal specified in Schedule 2; and
(ii) is in accordance with a program for the management of wildlife declared under regulation 16aka to be an approved management program; and
(b) the applicant has not, within 3 years immediately preceding the date of the application, been convicted of an offence against the Act, these Regulations or a prescribed law.”.
35.1 Omit the regulation, substitute:
“16AE. A licence:
(a) must be in writing; and
(b) must specify the activity authorised by the licence; and
(c) must specify the period for which the licence is granted, being a period of not greater than 1 year; and
(d) may specify conditions subject to which the licence is granted, being conditions relating to:
(i) the species or sub-species of animals or plants, and the number of animals or plants of each species or sub-species, to which the activity relates; and
(ii) the purpose of the activity; and
(iii) the maximum number of persons (if any) to whom the licensee may give an authority; and
(iv) the protection or conservation of wildlife and the well-being of protected animals kept in captivity by the licensee; and
(e) may specify times at, or periods during which, the activity may, or must not, be carried on; and
(f) may specify the manner in which the activity may, or must not, be carried on; and
(g) may specify the manner in which any damage caused by the carrying on of the activity is to be rectified; and
(h) may specify, in respect of:
(i) a condition specified in the licence; or
(ii) a requirement specified in the licence;
the time at or before which the condition or requirement is to be complied with.”.
36.1 Subregulations 16ai (1), (2) and (3):
Omit the subregulations, substitute:
A person must not:
(a) intentionally and without reasonable excuse, or recklessly, kill, injure or interfere with a protected animal, not being an animal specified in Schedule 2 (“protected animals: birds in danger of extinction”) or 3 (“protected animals: migratory birds”); or
(b) take or have in his or her possession, without reasonable excuse, sell or purchase an animal referred to in paragraph (a); or
(c) intentionally or recklessly interfere with, damage or destroy the nest or dwelling place of an animal referred to in paragraph (a).
Penalty: $1,000.
A person must not:
(a) intentionally and without reasonable excuse, or recklessly kill, injure or interfere with a protected animal, being an animal specified in Schedule 2 or Schedule 3; or
(b) take or have in his or her possession, without reasonable excuse, sell or purchase an animal referred to in paragraph (a); or
(c) intentionally or recklessly interfere with, damage or destroy the nest or dwelling place of an animal referred to in paragraph (a).
Penalty: $2,000.
A person must not:
(a) intentionally and without reasonable excuse, or recklessly kill or damage a protected plant; or
(b) take or have in his or her possession, without reasonable excuse, sell or purchase a protected plant.
Penalty: $1,000.”.
36.2 Subregulation 16ai (7):
Omit the subregulation, substitute:
Paragraphs (1) (a) and (c), (2) (a) and (c) and (3) (a) do not apply to a person who commits an act:
(a) to which a declaration under subregulation 16ABA (2)(“animals and plants may be declared to be unprotected”) applies; or
(b) while engaged in a licensed commercial fishing operation, being an act that is unavoidable in the course of carrying out that operation;
if, as soon as practicable after the commission of the act, the person notifies the Director or a ranger or warden:
(c) that the act has been committed; and
(d) of the time when, and the place where, the act was committed.”.
37.1 After paragraph 16ak (1) (a), insert:
“and (ab) require a person to produce an authority, licence or permit (if any) issued to the person, indicating the name and usual place of residence of the person; and”.
38.1 After regulation 16ak, insert in Part III:
“16aka. (1) The
Director may declare, in a notice published in the
An approved management program may only apply in a Territory specified in paragraph 16AB (1) (a).
“(3) The Director must not make a declaration unless he or she is satisfied that:
(a) there is available to him or her sufficient information concerning the biology of each species subject to the program of management, and the role of that species in the ecosystem in which it occurs, to enable him or her to evaluate a management program for that species; and
(b) the program of management provides for measures to ensure that the taking in the wild in accordance with that program of an animal, or of a plant, that is wildlife:
(i) will not be detrimental to the survival of the species, or of a sub-species of that species, to which the animal or plant belongs; and
(ii) will be carried out at minimal risk to the continuing role of the species or sub-species in the ecosystems in which it occurs and so as to maintain the species or sub-species in a manner that is not likely to cause irreversible changes to, or long term deleterious effects on, the species or sub-species or the habitat of the species or sub-species; and
(c) the program of management provides for adequate periodic monitoring and assessment of the effects of the taking of an animal or plant that is wildlife under that program on the species, or sub-species, to which the animal or plant belongs, on the habitat of the species or sub-species and on any other species or sub-species of animal or plant wildlife that is likely to be affected by that taking.
A declaration relating to the Territory of
Cocos (Keeling) Islands or to the Territory of Christmas Island must be
published in the
Subject to subregulation (6), notice of a declaration must be published in a newspaper that is circulated in the area to which the declaration relates.
If a newspaper is not circulated in an area to which the declaration relates, the Director must give other notice of the declaration, having regard to the forms of communication available for giving notice to persons likely to be in the area.”.
39.1 Omit “subregulations 4 (1), (2) and (3) and regulations 7, 7d, 12, 20a and 20d”, substitute “subregulations 4 (1), (2), (3) and (4) and regulations 6b, 6c, 6d, 7aaa, 7d, 20a and 20d”.
40.1 Omit “subregulation 4 (1), (2) or (3) or regulation 7, 7d or 12”, substitute “subregulation 4 (1), (2), (3) or (4) or regulation 6b, 6c, 6d, 7aaa or 7d”.
40.2 Paragraph 16am (b):
Omit the paragraph, substitute:
“(b) an approved person in a conservation zone.”.
41.1 Omit “Where”, substitute “If”.
42. Regulation 18 (Infringement notices)
42.1 Subregulation 18 (1):
Omit the subregulation, substitute:
In this regulation:
(a) subregulation 3 (1) or (4) (“damaging parks or reserves”); or
(b) subregulation 4 (5) (“offences relating to wildlife”); or
(c) subregulation 10 (1) (“aircraft”); or
(d) subregulation 10a (4) or (5) (“use of vessels prohibited or restricted”); or
(e) regulation 10b (“use of hovercraft prohibited or restricted”); or
(f) subregulation 11 (1) or (6) (“use of certain roads and tracks prohibited or restricted”); or
(g) subregulation 15 (1) (“motorists not to exceed maximum speed”); or
(h) regulation 16 (“parking”); or
(i) regulation 16aaa ( “one way traffic”); or
(j) regulation 17 (“daily offence—parking or mooring”);
‘vehicle’ includes vessel.”.
42.2 Subregulation 18 (4):
Omit “motor vehicle”, substitute “vehicle”.
42.3 Paragraph 18 (4) (b):
Omit the paragraph, substitute:
“(b) in the case of the owner of a vehicle registered under a law of a State or Territory—at the latest address of the owner in the record of registration of the vehicle; or”.
42.4 Subregulation 18 (7):
Omit “$20”, substitute “$50”.
42.5 Subregulation 18 (14):
Omit the subregulation.
43.1 After regulation 20, insert:
“20aa. (1) An application for a permit must:
(a) be in writing and signed by the applicant; and
(b) be lodged with the Director; and
(c) state the name and address of the applicant; and
(d) show the date on which the application is made; and
(e) specify the park or reserve, or the part of the park or reserve, where the activity in respect of which the application is made would take place; and
(f) specify the activity, when it is proposed to take place and its expected duration; and
(g) be accompanied by the fee (if any) payable for the permit.
“20ab. (1) The Director may:
(a) grant a permit to a person to carry out an activity in a park or reserve; and
(b) charge a fee for the grant of the permit.
The Director must not grant a permit for an activity if:
(a) he or she believes that the activity is likely to:
(i) endanger public safety; or
(ii) unduly damage the park or reserve; or
(iii) unduly interfere with the preservation or protection of wildlife; or
(iv) unduly interfere with the management of the park or reserve or wildlife; or
(b) the activity is not in accordance with the plan of management for the park or reserve.
“20ac. A permit:
(a) must be in writing; and
(b) must specify the provision of these Regulations for the purposes of which it is granted; and
(c) must specify the activity that is permitted; and
(d) must specify the period for which the permit is granted; and
(e) must specify the park or reserve where the activity may be carried on; and
(f) may specify conditions subject to which the permit is granted; and
(g) may specify times at, or periods during which, an activity to which the permit relates may, or must not, be carried on; and
(h) may specify the area within a park or reserve where the activity may, or must not, be carried on; and
(i) may specify the manner in which the activity may, or must not, be carried on; and
(j) may specify the manner in which any damage caused by the carrying on of the activity is to be rectified; and
(k) may specify, if 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, or is to be, carried on under the permit—the matters to be stated, or not to be stated, in the advertisement or notice; and
(l) may specify, in respect of:
(i) a condition specified in the permit; or
(ii) a requirement specified in the permit;
the time at, or before which, the condition or requirement must be complied with.
“20ad. If a person to whom a permit is granted contravenes:
(a) a condition specified in the permit; or
(b) a requirement specified in the permit;
the person is guilty of an offence in respect of each day, or part of a day, when the contravention occurs.
Penalty: $200.”.
44.1 Subregulation 20a (1):
Omit “, or giving a consent, under these Regulations” and “, or the consent was given,”.
44.2 Subregulation 20A (2):
Omit “under this regulation” and “or consent”.
45.1 Omit the regulation.
46.1 Subregulation 20c (1):
Omit the subregulation, substitute:
“(1) The Director may cancel a permit, if:
(a) the holder of the permit contravenes the permit or a condition to which the permit is subject; or
(b) the holder is convicted of an offence against the Act or these Regulations; or
(c) since the grant of the permit:
(i) a change has occurred in relation to a matter that the Director is obliged under these Regulations to consider in deciding whether to grant the permit; and
(ii) the Director believes that the change requires the cessation of the activity in respect of which the permit was granted.
“(2a) The Director may vary a permit, before the time at which the permit expires, if:
(a) a circumstance described in paragraph (1) (a) or (b) occurs; or
(b) since the grant of the permit—a change has occurred in relation to a matter that the Director is obliged under these Regulations to consider in deciding whether to grant the permit; and
(c) the Director believes that the circumstance or change does not require the permit to be cancelled but requires variation of the activity in respect of which the permit was granted.”.
46.2 Subregulation 20c (2):
After “cancels”, insert “or varies”.
47.1 Subregulation 20e (1):
Omit “Penalty: $1,000.”, substitute “Penalty: $2,000.”.
47.2 Subregulation 20e (4) (definition of “Kakadu National Park”):
Omit the definition.
48.1 Omit the regulation.
49.1 Item 3:
Omit the item, substitute:
“3. | All members of the Order Pinnipedia (seals, fur seals and sea lions)”. |
49.2 Add at the end:
“5. | All members of the Genus |
6. | All members of the Genus |
7. | All members of the Family Cheloniidae (marine turtles) |
8. |
50.1Omit the Schedule, substitute:
“
BIRDS IN DANGER OF EXTINCTION
Item | Scientific name | Common name |
1 | King Island Emu | |
2 | Kangaroo Island Emu | |
3 | Gould’s Petrel | |
4 | Abbott’s Booby | |
5 | Malleefowl |
6 | Lewin’s Water Rail (Western race) | |
7 | Macquarie Island Rail | |
8 | White Gallinule | |
9 | Little Tern | |
10 | Lord Howe Pigeon | |
11 | Norfolk Island Ground-dove | |
12 | New Zealand Pigeon (Norfolk Island race) | |
13 | Western Partridge Pigeon | |
14 | Western Long-billed Corella | |
15 | South-eastern Red-tailed Black Cockatoo | |
16 | Norfolk Island Kaka | |
17 | Norfolk Island Parrot (Green Parrot) | |
18 | Lord Howe Parakeet | |
19 | Macquarie Island Parakeet | |
20 | Coxen’s Fig-parrot | |
21 | Paradise Parrot | |
22 | Night Parrot | |
23 | Orange-bellied Parrot |
24 | Golden-shouldered Parrot | |
25 | Western Ground Parrot | |
26 | Lord Howe Boobook Owl | |
27 | Norfolk Island Boobook Owl | |
28 | Norfolk Island Long-tailed Triller | |
29 | Melville Cicadabird | |
30 | Roper River Scrub-robin | |
31 | Derby white-browed Robin | |
32 | Kimberley Crested Shriketit | |
33 | Lord Howe Fantail | |
34 | Lord Howe Island Vinous-tinted Thrush | |
35 | Norfolk Island Thrush | |
36 | Mount Lofty Southern Emu-wren | |
37 | Lord Howe Warbler | |
38 | South-western Rufous Bristlebird | |
39 | Black-eared Miner | |
40 | Regent Honeyeater | |
41 | Helmeted Honeyeater | |
42 | Forty-spotted Pardalote |
43 | Robust White-eye | |
44 | Norfolk Island Silvereye | |
45 | Gouldian Finch | |
46 | Norfolk Island Starling”. |
51.1 Item 10:
Omit the item, substitute:
“10. | White-tailed Tropicbird”. |
51.2 Items 14, 15 and 16:
Omit the items, substitute:
“14. | Great Frigatebird | |
15. | Least Frigatebird | |
16. | Christmas Island Frigatebird”. |
51.3 Item 19:
Omit the item, substitute:
“19. | Eastern Reef Egret”. |
51.4 Item 32:
Omit the item, substitute:
“32. | Large Sand Plover”. |
51.5 Item 50:
Omit the item, substitute:
“50. | Ruff”. |
51.6 Items 77 and 78:
Omit the items, substitute:
“77. | Long-tailed Jaeger | |
78. | White-winged Tern”. |
51.7 Item 88:
Omit the item, substitute:
“88. | White-throated Needletail”. |
51.8 Item 92:
Omit the item, substitute:
“92. | Greater Striated Swallow”. |
51.9 Item 97:
Omit the item, substitute:
“97. | Great Reed-Warbler”. |
52.1 In this regulation:
52.2 The amended Regulations are further amended as provided by this regulation.
52.3 The several Parts of the amended Regulations are renumbered so that they bear consecutive arabic numerals beginning with “1”.
52.4 The several regulations of the amended Regulations are renumbered so that they bear consecutive arabic numerals beginning with “1”.
52.5 The several subregulations of each regulation of the amended Regulations are renumbered so that they bear consecutive arabic numerals enclosed in brackets beginning with “(1)”.
52.6 The several paragraphs of each regulation or of each subregulation of the amended Regulations are re-lettered so that they bear lower case letters in alphabetical order enclosed in brackets beginning with “(a)”.
52.7 The several subparagraphs of each paragraph of each regulation or of each paragraph of each subregulation of the amended Regulations are renumbered so that they bear consecutive lower case roman numerals enclosed in brackets beginning with “(i)”.
52.8 Each provision of the amended Regulations that refers to a provision of those Regulations that has been renumbered or re-lettered under this regulation is amended by omitting the reference and substituting a reference to the last-mentioned provision as so renumbered or re-lettered.
52.9 A reference in an instrument or a document to a provision of the National Parks and Wildlife Regulations that has been renumbered or re-lettered under this regulation is a reference to that provision as so renumbered or re-lettered.
53.1 A person, or a person included in a class of persons, who, immediately before the commencement of these Regulations, was an approved person for the purposes of the National Parks and Wildlife Regulations as then in force, is taken to be an approved person for the purposes of the National Parks and Wildlife Regulations as amended by these Regulations.
1. Notified in the
2. Statutory Rules 1977 No. 217 as amended by 1978 No. 166; 1979 No. 298; 1981 No. 197; 1982 No. 94; 1983 No. 135; 1985 No. 275; 1986 No. 226; 1987 Nos. 79, 139 and 254; 1988 Nos. 79, 226, 232 and 332.
0
0
0