National Parks Regulations 1990 (SA)

SOUTH AUSTRALIA

NATIONAL PARKS REGULATIONS 1990

SUMMARY OF PROVISIONS

1.           Citation

2.           Revocation

3.           Interpretation

4.           Application

5.           Qualifications of wardens

6.           Entrance to reserves and parts of reserves where fee payable

7.           Opening and closing of reserves

8.           Access to Seal Bay Beach

9.           General conditions on use of reserves

10.           Use of vehicles

11.           Use of aircraft

12.           Use of boats

13.           Camping

14.           Fires

15.           Possession and use of chainsaws

16.           Use of generators and alternators

17.           Use of metal or mineral detectors

18.           Possession and use of firearms, etc.

19.           Swimming and diving

20.           Use of caves

21.           Certain recreational activities

22.           Protection of animals

23.           Possession and use of trapping devices, etc.

24.           Bringing animals into reserve

25.           Straying and grazing of animals

26.           Beehives

27.           Seizure of animals, etc.

28.           Plants

29.           Interference with earth, etc.

30.           Scientific research

31.           Littering

32.           Pollution of waters

33.           Abandoned property

34.           Disorderly behaviour, etc.

35.           Filming, trading and other activities

36.           Compliance with directions of warden

37.           Permission of Director

38.           General offence

SCHEDULE 2

Seal Bay Beach User Fee Zone

APPENDIX 1

LEGISLATIVE HISTORY

APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

REGULATIONS UNDER THE NATIONAL PARKS AND WILDLIFE ACT, 1972

National Parks Regulations, 1990

being

No. 250 of 1990: Gaz. 13 December 1990, p. 1772

as varied by

No. 16 of 1991: Gaz. 14 February 1991, p. 522

No. 165 of 1992: Gaz. 30 July 1992, p. 735

No. 196 of 1993: Gaz. 26 August 1993, p. 9451

No. 215 of 1994: Gaz. 15 December 1994, p. 22672

No. 259 of 1996: Gaz. 23 December 1996, p. 22623

No. 53 of 1997: Gaz. 1 May 1997, p. 17064

1 Came into operation 26 December 1993: reg. 2.

2 Came into operation 15 December 1994: reg. 2.

3 Came into operation 3 February 1997: reg. 2.

4 Came into operation 1 May 1997: reg. 2.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix 1.

Citation

1. These regulations may be cited as the National Parks Regulations, 1990.

Revocation

2. The National Parks Regulations, 1972 (see Gazette, 29 June, 1972, p. 2865) as varied, are

revoked.

Interpretation

3. In these regulations, unless the contrary intention appears—

"the Act" means the National Parks and Wildlife Act, 1972:

"cave" means a cave in a reserve and includes any natural cavity in the earth’s surface:

"to drive" includes to ride:

"exotic plant" means a plant that is not a native plant:

"to film" includes to take still photographs and "film" has a corresponding meaning:

"unprotected animal" means an animal that is not a protected animal:

"vessel" means a boat, jet-ski, sailboard, raft, pontoon or any other man-made object capable

of floating on water and includes a hovercraft.

Note: For definition of divisional penalties see Appendix 2.

Application

4. A warden is not subject to these regulations in relation to the performance of the functions or the exercise of the powers of a warden and an employee of the Department is not subject to these regulations in relation to the performance of the duties of his or her employment.

Qualifications of wardens

5. For the purposes of section 20(1) of the Act, a person has prescribed qualifications if the

person:

(a)	has satisfactorily completed the training necessary for appointment as a member of a police force of the Commonwealth or a State or a Territory of the Commonwealth;
(b)	has satisfactorily completed the course run by the Director of the National Parks and Wildlife Service and known as the Basic Warden Training Course;
(c)	has satisfactorily completed at least two weeks full-time employment (or the equivalent part-time employment) in the Wildlife Protection Branch of the National Parks and Wildlife Service;
(d)	is employed in the Australian Customs Service;
(e)	is employed in a unit or department, responsible for wildlife conservation, of another State or a Territory of the Commonwealth.

Entrance to reserves and parts of reserves where fee payable

6. (1) Where a fee is prescribed for entrance to a reserve or part of a reserve, a person may not enter or remain in the reserve or part of the reserve unless the appropriate fee has been paid.

(2) Where a fee is prescribed for the hire of a tennis court, pavilion, accommodation block or cottage in a reserve, a person must not enter or remain within the boundaries of the facility unless that person has hired the facility or has been permitted by the hirer to enter or remain within the boundaries of the facility.

(3) Where an oval or open space recreation area in a reserve has been hired, no person, except the hirer or a person given permission by the hirer, may enter or remain on that oval or area.

Opening and closing of reserves

7. (1) The Director may, by causing a notice to be published in the Gazette, give notice of the hours during which a reserve is open to the public.

(2) The Director may vary or revoke a notice under this regulation at any time by subsequent notice published in the Gazette.

(3) The Director may close a reserve or any part of a reserve—

(a)	if a total fire ban is in force in an area that includes all or part of the reserve, or the risk of uncontrolled fire in the reserve is, in the Director’s opinion, extreme;
(b)	if the staff necessary to patrol the reserve are unavailable;
(c)	if it is, in the Director’s opinion, in the interest of public safety to close the reserve;
or
(d)	in accordance with a plan of management adopted in relation to the reserve.

(4) A person must not, without the permission of the Director, enter or remain in a reserve when it is closed to the public.

Access to Seal Bay Beach

8. A person must not, without the permission of the Director, enter or remain in that part of Seal Bay Conservation Park shown as Seal Bay Beach User Fee Zone on the plan in schedule 2 except in the company of a warden or a person assisting a warden.

General conditions on use of reserves

9. (1) One method by which the Director may set aside the whole or part of a reserve as an area in which a particular activity may be undertaken by visitors to the reserve is to cause a notice to be published in the Gazette setting aside the reserve for that purpose.

(2) A notice may impose conditions in relation to the activity and the Director may vary or

revoke a notice at any time by subsequent notice published in the Gazette.

(3) A person must not contravene or fail to comply with a condition.

Use of vehicles

10. (1) A person must not, without the permission of the Director, drive or tow a vehicle in a reserve except on a road or track set aside for that purpose by the Director or in any other area of the reserve set aside for that purpose by the Director.

(2) A person must not, without the permission of the Director, drive a vehicle in a reserve at a speed that exceeds the speed limit fixed by the Director or, if no limit has been fixed by the Director, at a speed that exceeds 40 kilometres per hour.

(3) A person must not drive a vehicle in a reserve without due care, recklessly or at a speed or in a manner dangerous to the public.

(4) A person must not leave a vehicle in a position that obstructs other vehicles from entering, leaving or proceeding along a road or track in a reserve.

(5) A warden may remove, or cause to be removed, a vehicle left in contravention of subregulation (4) and the Director may recover the costs of removal from the owner of the vehicle as a debt.

(6) A person must not drive a vehicle that is propelled by an internal combustion engine on land in a reserve unless it is registered and insured.

Use of aircraft

11. (1) A person must not, without the permission of the Director, use an aircraft on land or water in a reserve except in an area set aside by the Director for that purpose.

(2) A person must not, without the permission of the Director, jump into a reserve from an aircraft or use an aircraft for the purpose of dropping an object into a reserve.

Use of boats

12. A person must not, without the permission of the Director, launch, or use, a vessel on a dam, reservoir, lake, river or other body of water in a reserve unless the water has been set aside by the Director for the use of vessels of that kind.

Camping

13. A person must not, without the permission of the Director, camp in a reserve except in an area set aside by the Director for that purpose.

Fires

14. (1) A person must not, without the permission of the Director, light, maintain or use a fire in a reserve in contravention of a ban or restriction imposed by the Director.

(2) A person must not light or maintain a fire in a reserve in contravention of the Country

Fires Act, 1976.

(3) Subject to subregulation (4), a person must not, without the permission of the Director, light, maintain or use a fire in a reserve except in a fire place constructed at the direction of the Director for that purpose.

(4) Subregulation (3) does not apply in relation to an area

excluded from the operation of that subregulation by the Director by notice published in the

Gazette.

(5) An exclusion under subregulation (4) may apply in relation to all fires or a class or

classes of fire.

(6) The Director may vary or revoke a notice under this regulation at any time by subsequent notice published in the Gazette.

(7) A person who has lit, maintained or used a fire in a reserve must not leave the fire

unattended.

Possession and use of chainsaws

15. (1) Subject to subregulation (2), a person must not, without the permission of the Director have control of, carry or use a chainsaw in a reserve.

(2) A person may have control of, carry or use a chainsaw in a reserve—

(a)	in the course of exercising rights or performing obligations pursuant to a lease or licence granted by the Minister over the reserve;
(b)	in the course of exercising powers or performing obligations under an Act or statutory instrument;
or
(c)	for the purpose of fighting a bushfire or dealing with any other emergency.

Use of generators and alternators

16. (1) Subject to subregulation (2), a person must not, without the permission of the Director, operate a generator or alternator in a reserve except in an area set aside by the Director for that purpose.

(2) Subregulation (1) does not apply in relation to the use of a motor vehicle of a kind that is normally equipped with a generator or alternator.

Use of metal or mineral detectors

17. A person must not, without the permission of the Director, use a device for detecting metal or minerals in a reserve.

Possession and use of firearms, etc.

18. (1) Subject to this regulation, a person must not, without the permission of the

Director—

(a)	have control of, carry or use a firearm or other weapon;
or
(b)	have control of, carry or use explosives or fireworks,

in a reserve.

(2) Subregulation (1)(a) does not apply to an Aborigine in relation to a firearm that he or she has control of, carries or uses for the purpose of taking animals in accordance with the proclamation referred to in section 68d(4) of the Act.

(3) A person may, if he or she complies with the Act and these regulations, have control of, carry or use a firearm in a game reserve if the firearm has a smooth bore not exceeding 19 millimetres in diameter.

Swimming and diving

19. (1) A person must not swim or dive in any water in a reserve except—

(a)	in the case of Piccaninnie Ponds Conservation Park, in pursuance of a diving or snorkelling permit issued by the Director;
(b)	in the case of any other reserve—
(i) in an area set aside by the Director for that purpose;

or

(ii) with the permission of the Director.

(2) A diving permit must not be issued to a person who has not attained the age of 18 years.

Use of caves

20. A person must not, without the permission of the Director—

(a)	enter a cave (except in the company of a warden or person assisting a warden);
(b)	remove or displace any rock, mineral or fossil in a cave;
(c)	disturb or interfere with any plant or animal (whether dead or alive) in a cave;
(d)	touch or interfere with any karstcalcite formation (speleothem) in a cave;
(e)	urinate or defecate in a cave;
(f)	deposit any organic or inorganic matter in a cave;
(g)	disturb, touch or interfere with any Aboriginal art or artefact in a cave;
(h)	use any paint, dye or marker in a cave, or release any substance into the waters of a cave;

(i) light a fire or burn any material in a cave;

(j) smoke any tobacco product in a cave.

Certain recreational activities

21. (1) A person must not, without the permission of the Director—

(a)	engage in the sport of climbing rock faces;
(b)	engage in the sport of abseiling;
(c)	use a hang glider or any other kind of glider;
(d)	launch a hot air balloon;
or
(e)	fly model planes or gliders,

in a reserve except in an area set aside by the Director for that purpose.

(2) A person must not, without the permission of the Director, engage in any other sport on any part of a reserve designated as a golf course.

Protection of animals

22. (1) A person must not, without the permission of the Director or other lawful authority, take or molest an unprotected animal in a reserve.

(2) A person must not, without the permission of the Director, intentionally damage the nest or burrow of an animal in a reserve.

Possession and use of trapping devices, etc.

23. (1) Subject to subregulation (2), a person must not, without the permission of the Director, while in a reserve, have control of, carry or use a device designed for the purpose of taking an animal.

(2) Subregulation (1) does not apply to a person in relation to a device that he or she has control of, carries or uses solely for the purpose of taking fish or crustaceans in waters adjoining the reserves.

Bringing animals into reserve

24. (1) Subject to this regulation, a person who has control of an animal must not, without the permission of the Director, bring it into a reserve or permit it to enter a reserve.

(2) A person who is entitled to use a reserve pursuant to a lease or licence granted by the Minister may, subject to the terms of the lease or licence, bring animals into the reserve in the course of using the reserve pursuant to the lease or licence.

(3) A person may ride or lead a horse in a reserve on a road or track set aside for that purpose by the Director or in any other area of the reserve set aside for that purpose by the Director.

(4) A person who needs the assistance of a guide dog may bring the dog into a reserve if it is restrained on a lead while in the reserve.

(5) A person may bring a dog into a recreation park if it is restrained on a lead while in the

park.

(6) A person who is entitled to enter a game reserve to hunt may bring a dog into the reserve if it is restrained on a lead when not assisting that person in hunting.

(7) A lead referred to in subregulations (4), (5) or (6) must not exceed three metres in

length.

Straying and grazing of animals

25. A person must not, without the permission of the Director, permit an animal to stray into, or graze in, a reserve unless he or she is authorized to do so by a lease or licence granted by the Minister.

Beehives

26. A person must not, without the permission of the Director, place a beehive in a reserve.

Seizure of animals, etc.

27. (1) Where an unprotected animal is in a reserve and—

(a)	is not under the control of any person;
and
(b)	is not in the reserve with the written permission of the Director or pursuant to a lease or licence granted by the Minister,

a warden or any other person authorized by the Director may subject to subregulation (2)—

(c)	capture and dispose of the animal by sale or in any other manner;
or
(d)	destroy the animal.

(2) Where a warden or other person authorized by the Director knows, or has reason to believe, that a person claims ownership of an animal in a reserve, the warden or other person must, before disposing of or destroying the animal, serve notice on the owner requiring him or her to remove the animal from the reserve within seven days.

(3) The notice may be served—

(a)	personally or by post;
or
(b)	if the whereabouts of the person on whom the notice is to be served are unknown—by publication of the notice in a newspaper circulating generally throughout the State.

(4) The costs of capturing and disposing of an animal or destroying an animal under subregulation (1) are a debt due by the owner of the animal to the Crown.

(5) An animal that has been captured must not be surrendered to its owner until those costs

have been paid.

(6) Where an animal is sold under this regulation, the Crown is entitled to the excess (if any) of the proceeds of the sale over the costs of capturing and selling the animal.

Plants

28. (1) A person must not, without the permission of the Director, take an exotic plant that is growing in a reserve.

(2) A person must not, without the permission of the Director, bring a plant into a reserve unless the plant is dead and is brought into the reserve as food for human consumption.

Interference with earth, etc.

29. A person must not, without the permission of the Director—

(a)

remove from a reserve any—

(i)	soil, rock, mineral or similar material;
(ii)	wood, mulch or other dead vegetation;

or

(iii) fossil or archaeological remains;
(b)	dig or otherwise intentionally disturb any soil or similar material in a reserve;
or
(c)	intentionally disturb any—
(i) wood, mulch or other dead vegetation in a reserve;

or

(ii) fossil or archaeological remains in a reserve.

Scientific research

30. A person must not, without the permission of the Director, carry out scientific research

in a reserve.

Littering

31. A person must not, in a reserve—

(a)	deposit or leave any litter, bottle, broken glass, china, pottery, plastic article, rubbish, refuse or other waste material, except in an area or receptacle provided for that purpose;
(b)	deposit, discharge or leave any noxious, noisome, offensive or polluting substance, matter or thing;
(c)	deposit or leave any offal, dead animal, dung or other filth;
(d)	deposit in any receptacle provided for litter any domestic garbage;
(e)	wilfully break any article of glass, china, pottery, plastic or other brittle material;
(f)	deposit, discharge or leave any mineral, mineral waste or other industrial waste or by-product.

Pollution of waters

32. A person must not foul or pollute any water in a creek, river, well, dam, reservoir or

lake in a reserve.

Abandoned property

33. (1) A person must not, without the permission of the Director, abandon or leave unattended for more than 24 hours any vehicle or other personal property in a reserve.

(2) Any vehicle or personal property abandoned or left unattended for more than 24 hours in a reserve may be seized and impounded by a warden.

(3) The Director may require the owner of any vehicle or personal property seized and impounded under this regulation to pay the cost of seizing, impounding and keeping such vehicle or personal property before returning the vehicle or personal property to the owner.

(4) If, at the expiration of one month after the owner of a vehicle or personal property has been notified of its seizure or impounding, the owner has not paid to the Director the cost of seizing, impounding and keeping the vehicle or personal property, the Director may sell or otherwise dispose of the vehicle or personal property.

(5) If the owner of any vehicle or personal property seized or impounded under this regulation is unknown or cannot be contacted, the Director may, after the expiration of one month after the vehicle or personal property has been seized or impounded, sell or otherwise dispose of the vehicle or personal property.

Disorderly behaviour, etc.

34. (1) A person must not behave in a disorderly, offensive or indecent manner or use any offensive or indecent language or create any disturbance in a reserve.

(2) A person must not in a reserve wilfully obstruct, disturb, interrupt or annoy any other person engaged in the proper use of such reserve.

(3) A person must not in a reserve throw, roll or discharge any stone, substance or missile to the danger of any person or animal in the reserve.

(4) A person must not deface, paint, write, cut names or letters, otherwise make marks or affix bills on trees, rocks, gates, fences, buildings, signs or other property in a reserve.

Filming, trading and other activities

35. (1) A person must not, without the permission of the Director, film for commercial purposes in a reserve.

(2) A person must not, without the permission of the Director, use or cause to be used, any loud speaker or similar device or other noisy equipment in a reserve.

(3) A person must not, without the permission of the Director, construct or erect any booth, marquee or other structure in a reserve.

(4) A person must not, without the permission of the Director, organize, attend or participate in, or cause to be organized, any public meeting, demonstration or gathering in a reserve.

Compliance with directions of warden

36. A person must not fail to comply with any reasonable direction or request given by a warden relating to—

(a)	use of a reserve;
(b)	conduct and behaviour in a reserve;
or
(c)	safety in a reserve.

Permission of Director

37. (1) Permission granted by the Director pursuant to these regulations—

(a)	must be in writing;
(b)	may be conditional;
and
(c)	may be varied or revoked by the Director at any time.

(2) The permission may apply to a particular person or persons or may, if published in the

Gazette, apply generally or to a particular class of persons.

(3) Where the Director grants permission subject to a condition, a person must not contravene or fail to comply with the condition.

General offence

38. (1) A person who contravenes or fails to comply with a provision of these regulations is guilty of an offence.

Penalty: Division 8 fine.

Expiation fee:

(a)	in the case of alleged contravention of, or failure to comply with, reg. 6(1), 10, 14, 18(1)(a), 34(1) or (2) or 36—$100;
(b)	in any other case—$50.

(2) It is a defence to a charge of an offence against these regulations if—

(a)	the defendant proves that he or she acted in response to an emergency;
and
(b)	the court finds that the action was reasonable in the circumstances.

* * * * * * * * * *

* * * * * * * * * *

SCHEDULE 2

Seal Bay Beach User Fee Zone

(reg. 8)

[Map appears in

Gaz. 13.12.90, p. 1772]

* * * * * * * * * *

APPENDIX 1

LEGISLATIVE HISTORY

Transitional Provisions

(Transitional provision from Regulation No. 259 of 1996, reg. 4)

4. A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

Legislative History

Regulation 38(1):	varied by by 259, 1996, reg. 3 (Sched. cl. 18)
Regulation 39:	revoked by 259, 1996, reg. 3 (Sched. cl. 18)
Schedule 1:	varied by 16, 1991, reg. 2; 165, 1992, reg. 2; substituted by 196, 1993, reg. 2;

revoked by 53, 1997, reg. 3

Part 1

Clause 1(2):	varied by 215, 1994, reg. 3(a)
Part 2
Clause 3:	varied by 215, 1994, reg. 3(b)
Clause 4(3):	varied by 215, 1994, reg. 3(c)
Part 3:	substituted by 215, 1994, reg. 3(d)

Schedule 3: revoked by 259, 1996, reg. 3 (Sched. cl. 18)

APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division Maximum Maximum Expiation

imprisonment fine fee

1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150

9	—	$500	$100
10	—	$200	$75
11	—	$100	$50
12	—	$50	$25

Note: This appendix is provided for convenience of reference only.