Naval Establishments (Public Areas) Regulations (Cth)
I, THE GOVERNOR-GENERAL of
the Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 22 December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
1. These Regulations may be cited as the Naval Establishments (Public Areas) Regulations.
2. In these Regulations, unless the contrary intention appears —“authorized officer” means a person appointed under regulation 12 to be an authorized officer;
“camping area” means an area at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (c) for the purpose of designating that area as a camping area;
“commanding officer” means, in relation to a naval establishment that is, or includes, a public area —
(a) where there is an officer in command of that naval establishment who is stationed on the naval establishment — that officer; or
(b) in any other case — a person designated by the Chief of Naval Staff under regulation 11 as the commanding officer of the naval establishment for the purposes of these Regulations;
“parking area” means an area at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (b) for the purpose of designating that area as a parking area;
“public area” means an area that is a public area under regulation 3;
“ranger” means a person appointed under sub-regulation 14 (1) to be a ranger.
3. (1) Subject to sub-regulation (2), the Minister may, by notice published in theGazette , declare an area of land that is, or forms part of, a naval establishment to be a public area for the purpose of these Regulations.
(2) A notice under sub-regulation (1) shall —
(a) describe the area that is to constitute the public area; and
(b) specify the name by which the public area is to be known.
(3) Notwithstanding a notice under sub-regulation (1) —
(a) a place that is a prohibited place under section 80 of the
Crimes Act 1914; or(b) a part of a naval establishment at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (d) to designate that part as a restricted area for the purposes of this sub-regulation,
does not form part of a public area.
4. A person shall not, without the consent in writing of the commanding officer or a ranger —
(a) in the case of a public area that is or forms part of an island — bring a vehicle into, or use a vehicle in, the public area; or
(b) in the case of any other public area — use a vehicle except on a road or in a parking area or camping area.
Penalty: $200.
5. (1) A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger, light, maintain or use a fire otherwise than in —
(a) a portable barbecue or portable stove, being a barbecue or stove in which heat is provided by the combustion of liquefied petroleum gas; or
(b) a fireplace made available by the Commonwealth for use by persons in the public area.
Penalty: $200.
(2) It is a defence to a prosecution for an offence against sub-regulation (1) that the fire was lit, maintained or used by the defendant in circumstances that constituted an emergency.
6. (1) A person shall not, without the consent in writing of the commanding officer or a ranger, take an animal into, or knowingly permit an animal other than wildlife to enter, a public area.Penalty: $200.
(2) Sub-regulation (1) does not apply to or in relation to the taking by a blind person of his guide-dog into a public area.
(3) In a prosecution for an offence against sub-regulation (1), evidence that a person had an animal in his possession in a public area is evidence that the person took the animal into, or knowingly permitted the animal to enter, the public area.
7. A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger, use or have in his possession a firearm.Penalty: $200.
8. A person shall not, without the consent in writing of the commanding officer or a ranger, enter or remain in a public area that is, or forms part of, an island, at or for any time during the period that commences at sunset and ends at sunrise.Penalty: $200.
Additional activities prohibited without consent of commanding officer or ranger
9. A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger —
(a) cause any rubbish or litter to be placed elsewhere than in a receptacle made available by the Commonwealth for use by persons in the public area;
(b) park a vehicle except in a parking area;
(c) camp except in a camping area; or
(d) contravene or fail to comply with a direction, warning or requirement on a sign erected or placed with the approval of an authorized officer under paragraph 13 (1) (a).
Penalty: $200.
Additional activities prohibited without consent of commanding officer
10. A person shall not, in a public area, without the consent in writing of the commanding officer —
(a) erect a sign (other than a sign erected in accordance with the approval of an authorized officer under sub-regulation 13 (1)), or a building, booth, stall, post or other structure;
(b) supply goods or services;
(c) damage, destroy or remove a natural or man-made structure or feature; or
(d) interfere with, damage, injure, destroy or take an animal or plant or the nest or dwelling of an animal.
Penalty: $200.
11. Where, in relation to a naval establishment that is, or includes, a public area, there is no officer in command of that naval establishment who is stationed on the naval establishment, the Chief of Naval Staff shall, by instrument in writing, designate a person as the commanding officer of the naval establishment for the purposes of these Regulations.
12. The Secretary to the Department of Defence may, by instrument in writing, appoint an officer of the Defence Force or an officer of the Australian Public Service to be an authorized officer for the purposes of these Regulations.
13.
(1) An authorized officer may, by instrument in writing, approve the erecting or placing of signs at or near the entrances to a public area, a part of a public area, or a part of a naval establishment, as the case requires, for the purpose of —
(a) conveying directions to be followed by, warnings for the guidance of, or requirements to be observed by, persons using that public area;
(b) designating that part of a public area as a parking area;
(c) designating that part of a public area, other than a public area that is or forms part of an island, as a camping area; or
(d) designating that part of a naval establishment as a restricted area for the purpose of paragraph 3 (3) (b).
(2) A sign erected or placed at or near the entrances to a public area, a part of a public area, or a part of a naval establishment shall, unless the contrary is established, be taken to have been erected or placed with the approval of an authorized officer.
14.
(1) An authorized officer may, by instrument in writing, appoint a person to be a ranger for the purposes of these Regulations.
(2) Where an authorized officer appoints a person under sub-regulation (1), he shall issue to that person an identity card that specifies the name of the person and the appointment that he holds and to which is attached a recent photograph of that person.
15. A person who ceases to be a ranger shall forthwith return his identity card to an authorized officer.
16.
(1) A ranger may, in a public area —
(a) require a person whom he finds committing, or whom he reasonably suspects has committed, an offence against these Regulations, to state his full name and usual place of residence;
(b) require a person referred to in paragraph (a) to leave the public area; or
(c) stop and search a vehicle where he has reasonable grounds for believing that there is in that vehicle any animal, plant or article in contravention of these Regulations.
(2) A ranger may exercise a power conferred on him by sub-regulation (1) with such assistance as is necessary.
(3) Where a ranger —
(a) makes a requirement of a person; or
(b) stops a vehicle,
he shall produce the identity card issued to him under sub-regulation 14 (2) for inspection by the person of whom the requirement is made, or who is in charge of the vehicle, as the case may be.
(4) Where a ranger fails to produce his identity card under sub-regulation (3) —
(a) where the ranger has made a requirement of a person — the person is not obliged to comply with the requirement; or
(b) where the ranger has stopped a vehicle — the ranger is not authorized to search the vehicle or further detain the vehicle.
(5) Subject to sub-regulation (4), a person who, without reasonable excuse —
(a) refuses or fails to comply with a requirement; or
(b) obstructs or hinders a ranger in the exercise of his powers under this regulation,
is guilty of an offence punishable on conviction by a fine not exceeding $200.
(6) A reference in this regulation to the making of a requirement of a person shall be read as a reference to the making of a requirement of a person under paragraph (1) (a) or (1) (b).
(7) A reference in this regulation to the stopping of a vehicle shall be read as a reference to the stopping of a vehicle under paragraph (1) (c).
17. A person who is a ranger or a member of —
(a) the Defence Force;
(b) the Australian Federal Police; or
(c) the police force of a State or Territory,
does not commit an offence under these Regulations if the act or failure to act that would otherwise give rise to the offence occurs while the ranger or member is performing his duties.
1. Notified in the
Commonwealth of Australia Gazette
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