National Parks and Wildlife Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 2261

 

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 8 September 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Graham Richardson

Minister of State for the Arts, Sport,

the Environment, Tourism and Territories

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the National Parks and Wildlife Regulations.

Entry into park or reserve

2. Regulation 2b of the Principal Regulations is amended by inserting in subregulation (4) “, except in an emergency,” after “not”.

Offences relating to wildlife

3. Regulation 4 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “intentionally (without reasonable excuse), recklessly or negligently” after “not”;

(b) by inserting in subregulation (2) “without reasonable excuse or” after “not,”; and

(c) by inserting in subregulation (3) “, without reasonable excuse,” after “not”.

(S.R. 45/88)—Cat. No. 15/26.2.1988

 

Offences relating to vehicles

4. Regulation 6 of the Principal Regulations is amended by inserting in subregulations (1), (1a) and (2) “, except in an emergency,” after “not”.

Aircraft

5. Regulation 6a of the Principal Regulations is amended by omitting from subregulation (1) “grant to a person—” and substituting “, on application by a person, grant to the person:”.

Certain activities prohibited in parks and reserves

6. Regulation 7 of the Principal Regulations is amended by inserting in subregulation (5) “knowingly” after “not”.

Archaeological sites

7. Regulation 7d of the Principal Regulations is amended:

(a) by inserting in paragraph (1) (a) “intentionally, recklessly or negligently” before “deface”; and

(b) by inserting in paragraph (1) (b) “intentionally” before “remove”.

Use of certain roads or tracks restricted

8. Regulation 8a of the Principal Regulations is amended by inserting in subregulation (1) “, except in an emergency,” after “not”.

Prohibition of swimming in certain areas

9. Regulation 9 of the Principal Regulations is amended by inserting in subregulation (3) “, except in an emergency,” after “not”.

Fishing

10. Regulation 10 of the Principal Regulations is amended by inserting in subregulation (6) “, without reasonable excuse,” after “not”.

Offences relating to protected animals and plants

11. Regulation 16ai of the Principal Regulations is amended:

(a) by inserting in paragraph (1) (a) “intentionally (without reasonable excuse), negligently or recklessly” before “kill”;

(b) by omitting from paragraph (1) (b) “take, keep” and substituting “take or keep (without reasonable excuse)”;

(c) by inserting in paragraph (1) (c) “intentionally, recklessly or negligently” before “interfere”;

(d) by inserting in paragraph (2) (a) “intentionally (without reasonable excuse), negligently or recklessly” before “kill”;

(e) by omitting from paragraph (2) (b) “take, keep” and substituting “take or keep (without reasonable excuse)”;

(f) by inserting in paragraph (2) (c) “intentionally, recklessly or negligently” before “interfere”;

(g) by inserting in paragraph (3) (a) “intentionally (without reasonable excuse), negligently or recklessly” before “kill”; and

(h) by omitting from paragraph (3) (b) “take, keep” and substituting “take or keep (without reasonable excuse)”.

Enforcement

12. Regulation 16ak of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:

“(2a) In this regulation, a reference, in relation to a member of a police force, to written evidence of the fact that that person is a member of that police force is, in the case of a member who would normally be required to produce in the course of his or her police duties written indentification, a reference to such identification.”.

Consideration and review of decisions of Director

13. Regulation 20d of the Principal Regulations is amended by inserting after subregulation (1) the following subregulations:

“(1a) Where the Director makes a decision to which subregulation (2) applies, the Director shall give to any person whose interests are affected by the decision notice in writing of the making of the decision, including a statement to the effect that application may be made to the Director to reconsider the decision and setting out the person’s rights to seek review of a reconsidered decision under subregulation (8).

“(1b) Any failure to comply with the requirements of subregulation (1a) in relation to a decision does not affect the validity of the decision.”.

Schedule 1

14. Schedule 1 to the Principal Regulations is amended:

(a) by inserting in item 1 “(sea snakes)” after “Hydrophiidae”;

(b) by inserting in item 2 “(sea snakes)” after “Laticaudidae”;

(c) by inserting in item 3 “(seals)” after “Pinnipedia”; and

(d) by inserting in item 4 “(birds)” after “Aves”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 September 1988.

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; 1988 No, 97 and 254; 1988 No. 79.

Printed by Authority by the Commonwealth Government Printer