Untitled document

National Parks (Park) Amendment Regulations 2011

S.R. No. 148/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Revocations

6New objectives inserted

7Interpretation of park

8New Parts 5 and 6 inserted

PART 5—OCCUPATION PERMITS AND USE OF FACILITIES

62Definitions

63Occupation permits and use of facilities

64Requirement to pay a fee

65Reasonable opportunity

66Facilities etc. not to be used unless fee or charge paid

PART 6—POINT HICKS MARINE NATIONAL PARK APPROVALS

67Definition

68Conditions of approval of the Minister

69Method of notifying the Minister

9New Schedule 5 inserted

SCHEDULE 5—Point Hicks Marine National Park
Permitted Stopping Area

__________________

SCHEDULES—REVOCATIONS

═══════════════

ENDNOTES

STATUTORY RULES 2011

S.R. No. 148/2011

National Parks Act 1975

National Parks (Park) Amendment Regulations 2011

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 6 December 2011

Responsible Minister:

RYAN SMITH
Minister for Environment and Climate Change

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the National Parks (Park) Regulations 2003 to provide for—

(a)the payment of fees and charges for park occupation permits and the use of park services, facilities and goods under section 21 of the National Parks Act 1975 and other related matters; and

(b)the conditions for an approval given by the Minister under section 45B of the National Parks Act 1975 and other related matters.

2Authorising provision

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

3Commencement

These Regulations come into operation on 10 December 2011.

4Principal Regulations

In these Regulations, the National Parks (Park) Regulations 2003[1] are called the Principal Regulations.

5 Revocations

The Regulations set out in the Schedule are revoked.

6New objectives inserted

In regulation 1 of the Principal Regulations—

(a)in paragraph (c) for "committees." substitute "committees; and";

(b)after paragraph (c) insert—

"(d)to provide for fees and charges that are payable for a park occupation permit and the use of park services, facilities and goods under section 21 of the Act and other related matters; and

(e)to prescribe the conditions for approvals given by the Minister under section 45B of the Act and other related matters.".

7Interpretation of park

In regulation 6(c)(ii) of the Principal Regulations for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983".

8 New Parts 5 and 6 inserted

After Part 4 of the Principal Regulations insert—

PART 5—OCCUPATION PERMITS AND USE OF FACILITIES"

62Definitions

In this Part—

occupation permit means a permit granted under section 21(1) of the Act to occupy an occupation site;

occupation site means a building, camping place or other facility erected, set apart or provided in a park that a person requires a permit under section 21(1) of the Act to occupy.

63Occupation permits and use of facilities

(1)A person must not occupy an occupation site unless the person does so under and in accordance with an occupation permit.

Penalty:5 penalty units.

(2)It is not an offence for a person to occupy an occupation site without a permit if there was no reasonable opportunity for the person to obtain a permit.

64Requirement to pay a fee

(1)A person to whom an occupation permit is granted must pay the fee or charge determined for the permit under section 21(2) of the Act.

Penalty:5 penalty units.

(2)It is not an offence to fail to pay a fee or charge under subregulation (1) if there was no reasonable opportunity to do so.

65Reasonable opportunity

(1)For the purposes of regulation 63(2), a person who occupies an occupation site without a permit has a reasonable opportunity to obtain a permit if—

(a)during any part of the period the person occupies the site a sign or notice authorised by the Secretary is clearly displayed at the entrance to the park; and

(b)the sign or notice indicates that a person must not enter the park for the purposes of occupying an occupation site, unless he or she has been granted a permit.

(2)For the purposes of regulation 64(2), a person has a reasonable opportunity to pay a fee or charge for an occupation permit for an occupation site where an authorised officer is not present, if there is available for use at the site—

(a)a receptacle provided by the Secretary to collect the fee or charge; and

(b)a receipt form to record the payment of the fee or charge.

(3)Subregulation (2) applies regardless of whether or not the person has the exact amount of money required for the fee or charge.

(4)For the purposes of regulation 64(2), a person has a reasonable opportunity to pay a fee or charge for an occupation site if asked by an authorised officer to do so.

66Facilities etc. not to be used unless fee or charge paid

(1)A person must not use any services, facilities or goods in a park for which a fee or charge has been determined by the Minister under section 21(3) of the Act, unless the person has paid that fee or charge.

Penalty:5 penalty units.

(2)It is not an offence to fail to pay a fee or charge under subregulation (1) if there was no reasonable opportunity for the person to do so.

(3)For the purposes of subregulation (2), a person has a reasonable opportunity to pay a fee or charge if asked by an authorised officer to do so.

__________________

PART 6—POINT HICKS MARINE NATIONAL PARK APPROVALS

67Definition

In this Part—

the Park means Point Hicks Marine National Park described in Part 9 of Schedule Seven to the Act.

68Conditions of approval of the Minister

For the purposes of section 45B(3) of the Act, the prescribed conditions of approval by the Minister are as follows—

(a)the approval remains in force for a period of 12 months commencing on the date of its issue;

(b)on each occasion on which the person to whom the approval has been given enters the Park he or she must have notified the Minister, before so entering—

(i)of the number of the Fishery Access Licence under which the priority species carried on the boat have been caught; and

(ii)of his or her intention to enter the Park;

(c)on each occasion on which the person to whom the approval has been given leaves the Park he or she must notify the Minister, as soon as practicable after leaving the Park—

(i)of the number of the Fishery Access Licence under which any priority species carried on the boat have been caught; and

(ii)of his or her departure from the Park;

(d)the boat in respect of which the approval has been given must not remain stationary in any part of the Park except that part shown hatched on the plan in Schedule 5;

(e)the boat in respect of which the approval has been given must travel by the shortest practicable route, on entering the Park, from its point of entry on the boundary of the park to the boundary of the area shown hatched in Schedule 5;

(f)the boat in respect of which the approval has been given must travel by the shortest practicable route, when leaving the Park, from the point of exit on the boundary of the area shown hatched in Schedule 5 to the boundary of the Park.

69Method of notifying the Minister

For the purposes of the conditions set out in regulation 68, notification to the Minister may be made by telephone, on the telephone number disseminated for that purpose by the Minister.

__________________".

9New Schedule 5 inserted

After Schedule 4 of the Principal Regulations insert—

"__________________

SCHEDULE 5

Regulation 68

Point Hicks Marine National Park Permitted Stopping Area

".

__________________

SCHEDULE

REVOCATIONS

Regulation 5

REVOKED REGULATIONS

S.R. No.	Title
146/2001	National Parks (Fees and Charges) Regulations 2001
108/2002	National Parks (Point Hicks Marine National Park) Regulations 2002
150/2003	National Parks (Fees and Charges) (Amendment) Regulations 2003
142/2004	National Parks (Fees and Charges) (Amendment) Regulations 2004
142/2005	National Parks (Fees and Charges) (Amendment) Regulations 2005
121/2006	National Parks (Fees and Charges) (Amendment) Regulations 2006
139/2007	National Parks (Fees and Charges) (Amendment) Regulations 2007
93/2008	National Parks (Fees and Charges) Amendment Regulations 2008
81/2009	National Parks (Fees and Charges) Amendment Regulations 2009
60/2010	National Parks (Fees and Charges) Amendment Regulations 2010

═══════════════

ENDNOTES

[1] Reg. 4: S.R. No. 74/2003.