Park (Catchment Protection) Regulations 1997 (Vic)

Park (Catchment Protection) Regulations 1997

S.R. No. 154/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	2
3.	Commencement	2
4.	Principal Regulations	2
5.	Amendment of regulation 9	2
6.	Substitution of regulation 19	3
19. Hygiene	3
7.	New regulations 36A, 36B, 36C and 36D inserted	4

36A.	Kinglake National Park	4
36B.	Yarra Ranges National Park	4
36C.	Kinglake National Park and Yarra Ranges National
Park—interference with water	6
36D.	Kinglake National Park and Yarra Ranges National
Park—interference with structures	7

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NOTES 8

i

STATUTORY RULES 1997

S.R. No. 154/1997

National Parks Act 1975

Park (Catchment Protection) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 9 December 1997

Responsible Minister:

MARIE TEHAN

Minister for Conservation and Land Management

SHARNE BRYAN

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a)	to protect the designated water supply catchment areas in Kinglake National Park and Yarra Ranges National Park; and
(b)	to maintain the water quality and otherwise protect the water resources on or in the designated water supply catchment areas in Kinglake National Park and Yarra Ranges National Park; and
(c)	to control access to the designated water supply catchment areas in Kinglake National Park and Yarra Ranges National Park; and
(d)	to protect the structures and installations in the designated water supply catchment areas in Kinglake National Park and Yarra Ranges National Park.

Park (Catchment Protection) Regulations 1997

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2. Authorising provision

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

3. Commencement

These Regulations come into operation on

15 December 1997.

4. Principal Regulations

In these Regulations the Park Regulations 19921 are called the Principal Regulations.

5. Amendment of regulation 9

(1) In regulation 9(1) of the Principal Regulations,

after "these Regulations" insert ", except

regulation 19,".

(2) After regulation 9(1) of the Principal Regulations

insert—

"(1A) The provisions of these Regulations, except regulation 19, do not apply in the designated water supply catchment areas of Kinglake

National Park and Yarra Ranges National contractor or agent of Melbourne Water Corporation acting in the course of that officer's, employee's or person's duties.".

(3) After regulation 9(8) of the Principal Regulations

insert—

"(9) Regulations 36A, 36B, 36C and 36D do not

apply to a person who is acting in

accordance with—

(a)	a permit, agreement, tenancy, licence or consent issued under the Act; or
(b)	an agreement, licence or lease referred to in section 20 or 22 of the National

Park (Catchment Protection) Regulations 1997

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S.	R. No. 154/1997
Parks (Yarra Ranges and Other Amendments) Act 1995; or

(c) a written authority issued under sub- regulation (10)—

to the extent that the permit, agreement,
tenancy, licence, consent, lease or authority
authorises that activity.

(10) The Director, or the Ranger in Charge of Kinglake National Park or Yarra Ranges National Park, may issue a written authority

to a person to undertake an activity specified
in the authority, which would otherwise
contravene regulation 36A, 36B, 36C or
36D.

(11) An authority under sub-regulation (10) may

contain any conditions in relation to the
carrying out of the activity specified in the
authority that are considered necessary by
the person issuing the authority.".

6. Substitution of regulation 19

For regulation 19 of the Principal Regulations
substitute—

"19. Hygiene

(1) A person in a park in which facilities are not

provided, or in an area of a park in which facilities are not readily accessible, must bury all faeces not less than 100 metres from any river, stream, creek, well, spring,
dam, bore or watercourse.
Penalty: 10 penalty units.

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(2) Despite sub-regulation (1), a person in a

designated water supply catchment area must not leave behind or deposit faeces except in a facility provided for that purpose.

Penalty: 20 penalty units.".

7. New regulations 36A, 36B, 36C and 36D inserted

After regulation 36 of the Principal Regulations insert—

'36A. Kinglake National Park

(1) This Regulation applies to Kinglake National

Park, described in Part 10 of Schedule Two of the Act.

(2) A person must not enter or remain upon any

part of the designated water supply
catchment area in Kinglake National Park.
Penalty: 20 penalty units.

(3) Sub-regulation (2) does not apply to—

(a) that part of Board Road which is in the designated water supply catchment area unless otherwise set aside under

regulation 7; or

(b) any area set aside as a walking track, picnic area or for other purposes by the Director and which is identified by signs which indicate the purpose for which the area has been set aside and the fact that the area is open to the public.

36B. Yarra Ranges National Park

(1) This Regulation applies to Yarra Ranges

National Park, described in Part 39 of
Schedule Two of the Act.

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(2) A person must not enter or remain upon any

part of the designated water supply
catchment area in the Yarra Ranges National
Park.
Penalty: 20 penalty units.

(3) Sub-regulation (2) does not apply to—

(a)	that part of the Maroondah Highway which is in the designated water supply catchment area; or
(b)	that part of the Marysville–Woods Point Road which is in the designated water supply catchment area; or
(c)	those parts of the following roads which are in the designated water supply catchment area unless otherwise

set aside under regulation 7—

(i)

Maroondah Catchment: Road 9 beyond Road 37);

(ii) O'Shannassy Catchment: Lake
Mountain Road, Road 8 (from the
Marysville–Woods Point Road to
the gate beyond Road 9);

(d) any area set aside as a walking track or a picnic area or for other purposes by the Director and which is identified by signs which indicate the purpose for which the area has been set aside and the fact that the area is open to the public.

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36C. Kinglake National Park and Yarra Ranges National Park—interference with water

(1) This Regulation applies to the designated water supply catchment areas in Kinglake National Park and Yarra Ranges National Park.

(2) A person must not, with respect to the land

in a designated water supply catchment area, do anything which is likely to pollute waters in the catchment area.

Penalty: 20 penalty units.

(3) A person must not do any of the following in

relation to the water in any river, stream,
creek, spring, watercourse, waterway,
artificial channel, reservoir, dam or other
waterworks in a designated water supply
catchment area—

(a) touch, or allow any part of his or her body to come into contact with, that water; or

(b) wash anything in or near that water; or

(c)	throw, or allow to enter, into the water any dog or other animal; or
(d)	throw, convey or permit to flow or be thrown or conveyed into that water any rubbish, dirt or anything likely to pollute that water; or
(e)	take or attempt to take fish by any means from that water.

Penalty: 20 penalty units.

(4) In this regulation "fish" includes any kind of

fish, crustacea (including crayfish) and
mollusc.

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36D. Kinglake National Park and Yarra Ranges

National Park—interference with
structures

Subject to the Act and these Regulations, a person must not interfere with any structure or installation under the control and

management of Melbourne Water
Corporation in a designated water supply
catchment area.

Penalty: 20 penalty units.'.

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Park (Catchment Protection) Regulations 1997

Notes S.R. No. 154/1997

NOTES

1 S.R. No. 160/1992. Reprinted incorporating amendments up to

S.R. No. 53/1993.