National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025 (Vic)

Version No. 001

National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025

S.R. No. 64/2025

Version as at

1 July 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

Part 2—Entry fees

5Entry fees

6Offence to enter the Cape Otway Lightstation Precinct without paying a fee

Schedule 1—Maximum fees for entry to the Cape Otway Lightstation Precinct

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025

S.R. No. 64/2025

Version as at

1 July 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to prescribe the fees payable in respect of entry to the Cape Otway Lightstation Precinct under the National Parks Act 1975; and

(b)to provide for the reduction or waiver of such fees.

2Authorising provision

These Regulations are made under section 48 of the National Parks Act 1975.

3Commencement

These Regulations come into operation on 1 July 2025.

4Definitions

In these Regulations—

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

Cape Otway Lightstation Precinct means the area shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./25-008;

concession means an eligible person under section 3 of the State Concessions Act 2004;

entry fee means the fee payable under regulation 5;

land manager means the Great Ocean Road Coast and Parks Authority;

relevant land Act means—

(a)the Crown Land (Reserves) Act 1978; or

(b)the Forests Act 1958; or

(c)the Land Act 1958; or

(d)the National Parks Act 1975; or

(e)Parts II and IIA of the Wildlife Act 1975; or

(f)Division 3 of Part 5 of the Fisheries Act 1995; or

(g)any other Act that provides for the use, management or control of particular land, or a particular class of land, reserved under the Crown Land (Reserves) Act 1978; or

(h)any other Act under which a lease, licence or other authority may be granted, issued or given in respect of—

(i)land vested in any public authority, other than a municipal council; or

(ii)particular land, or a particular class of land, reserved under the Crown Land (Reserves) Act 1978;

traditional owner group has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010.

PART 2—ENTRY FEES

5Entry fees

(1)The fee payable for a person to enter the Cape Otway Lightstation Precinct is the fee, if any, set out in Column 3 of the table in Schedule 1 that corresponds to the relevant class of entry for that person specified in Column 2 of that table.

(2)The land manager may waive or reduce a fee specified under subregulation (1).

(3)The land manager must—

(a)cause signs or notices to be displayed in a place and in a manner likely to be seen by any persons entering the Cape Otway Lightstation Precinct; and

(b)publish any payable fee on the Internet site of the land manager.

Note

The Internet site for the Great Ocean Road Coast and Parks Authority is to enter the Cape Otway Lightstation Precinct without paying a fee

(1)A person must not enter the Cape Otway Lightstation Precinct unless the entry fee, if any, payable for that person's entry under regulation 5 has been paid.

Penalty:5 penalty units.

(2)A person does not contravene subregulation (1) if—

(a)the person is a member of a traditional owner group entity that has entered into a traditional owner group agreement that applies to the Cape Otway Lightstation Precinct and is bound by that agreement, and the person enters the Precinct in the course of carrying out an agreed activity in accordance with that agreement; or

(b)the land manager has waived the fee under regulation 5(2); or

(c)the person is acting as a servant or agent of the Crown; or

(d)the person is acting under and in accordance with—

(i)a contract with the Crown; or

(ii)a contract with a person acting as a servant or agent of the Crown; or

(iii)the terms and conditions of a lease, licence, permit or other authority granted under a relevant land Act that authorises the person to engage in that activity or conduct; or

(iv)the terms and conditions of an agreement entered into under a relevant land Act that authorises the person to engage in that activity or conduct; or

(e)the person is acting under the direction of a person acting as a servant or agent of the Crown; or

(f)the person is acting with the permission of a person acting as a servant or agent of the Crown; or

(g)the person is an authorised officer acting in the course of the authorised officer's duties.

SCHEDULE 1—MAXIMUM FEES FOR ENTRY TO THE CAPE OTWAY LIGHTSTATION PRECINCT

Regulation 5

Column 1 Item No.	Column 2 Class of entry	Column 3 Maximum daily entry fee
1	Family (2 adults and up to 3 children)	3·43 fee units
2	Adult (aged 16 years or older)	1·35 fee units
3	Concession	1·23 fee units
4	Child (aged 5 years or older)	0·56 fee units
5	Child under 5 years	Free

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025, S.R. No. 64/2025 were made on 1 July 2025 by the Governor in Council under section 48 of the National Parks Act 1975, No. 8702/1975 and came into operation on 1 July 2025: regulation 3.

The National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025 will sunset 10 years after the day of making on 1 July 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.